Chapter 94A — THE SAN FRANCISCO SHARED SPACES PROGRAM

Sec. 94A.1. The Shared Spaces Program; Establishment and Purpose; Core Agency Jurisdiction.

Sec. 94A.2. Definitions.

Sec. 94A.3. Shared Spaces Policies and Objectives.

Sec. 94A.4. Interagency Coordination.

Sec. 94A.5. Shared Space Permit – Application, Issuance, Modification, and Revocation.

Sec. 94A.6. Operational Requirements.

Sec. 94A.7. Special Process for Shared Spaces on City Lots.

Sec. 94A.8. Appeal of Permit Decisions.

Sec. 94A.9. Enforcement of Requirements.

Sec. 94A.10. Fees.

Sec. 94A.11. City Reporting Requirements.

Sec. 94A.12. Transition of Existing Shared Spaces and Parklets.

(a) Establishment and Purpose. There is hereby created a San Francisco Shared Spaces Program. A Shared Space, defined in Section 94A.2, is intended to be a temporary space on City-owned property, and in some cases also on privately-owned open spaces, where the public can gather and participate in various commercial or non-commercial offerings and events. Under the Program, a public or private entity may obtain City approval to create a Shared Space by occupying the location with reversible physical treatments or improvements and/or activating the location with programming.

This Chapter 94A sets forth a streamlined process by which the Planning Department, Department of Public Works, Municipal Transportation

Agency, of [1] Real Estate Division, Fire Department, Department of Public Health, and Entertainment Commission (collectively, defined in Section 94A.2 as the Core City Agencies), and their successor agencies or departments, if any, will coordinate the review and approval of a request to occupy and activate such spaces and issue a permit to authorize the use.

(b) Core City Agency Jurisdiction Retained. Each Core City Agency shall retain its full authority under the City Charter and applicable Codes to authorize the use and impose conditions on the Shared Space Permit, as defined in Section 94A.2, and enforce the Agency’s requirements. In

particular, this Chapter 94A is not intended to (1) be an alternative to the process in the Transportation Code for review and approval of street closures and activities on public streets unrelated to the Shared Spaces Program by the Interdepartmental Staff Committee on Traffic and Transportation (“ISCOTT”) or Municipal Transportation Agency Board of Directors (“SFMTA Board of Directors”), or (2) preclude the Director of Public Works from exercising the authority to regulate activities on the public right-of-way under sections of the Public Works Code that are unrelated to the Shared Spaces Program. Consistent with the definition of a Shared Spaces Permit in Section 94A.2, permits shall be issued by the designated Core City Agency.

(Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

CODIFICATION NOTE

1. So in Ord. 99-21.

For purposes of this Chapter 94A, the following definitions shall apply:

“City” is the City and County of San Francisco.

“City Lot Shared Space” is a Shared Space occurring on property owned by the City under the administration of the Real Estate Division pursuant to Section 94A.7.

“Core City Agencies” are the City departments and agencies participating in the Shared Spaces Program: the Planning Department (“Planning”), Department of Public Works (“Public Works”), Municipal Transportation Agency (“MTA”), Real Estate Division (“Real Estate”), Fire Department, Department of Public Health, and Entertainment Commission.

“Curbside Shared Space” is a Shared Space occurring in a portion of the curbside lane of a City street. Curbside Shared Spaces include occupancies of the public right-of-way previously permitted by Public Works as a Parklet, or a Shared Space during the COVID-19 pandemic. For purposes of the Shared Spaces Program, a Curbside Shared Space is further defined to include the following types:

(a) “Fixed Commercial Parklet” is a fixed encroachment placed in the curbside lane that is used principally for commercial activity during specified business hours. When the Curbside Shared Space is not being activated for commercial use, it is open to the public. Pursuant to Section 94A.6, when the Fixed Commercial Parklet is being activated for commercial use, the Permittee must provide public seating, including but not limited to a public bench, which is accessible to persons who are not patrons of the business.

(b) “Movable Commercial Parklet” is the use of the curbside lane principally for commercial activity during specified business hours, where all structures and furniture are removed from the right-of-way outside of the specified business hours. When the Movable Commercial Parklet is not being activated for commercial use, it is open to the public. Pursuant to Section 94A.6, when the Movable Commercial Parklet is being activated for commercial use, the Permittee must provide public seating, including but not limited to a public bench, which is accessible to persons who are not patrons of the business.

(c) “Public Parklet” is the use of the curbside lane that is fully accessible to the public and is at no time used for commercial activities.

“Director” is the Director of the relevant department or their designee.

“Fixed Commercial Parklet.” See definition of Curbside Shared Space.

“Integrated Shared Space” is a Shared Space with activities occurring on a combination of locations that are Shared Space Categories in close proximity to one another and operated by the same Permittee.

“Longer-Term Closure” has the same meaning as the term is defined in Section 101 of Division II of the Transportation Code.

“Movable Commercial Parklet.” See definition of Curbside Shared Space.

“Public Parklet.” See definition of Curbside Shared Space.

“Roadway Shared Space” is a Shared Space with activities occurring in or on the Traffic Lane, and includes street closures previously approved as part of the Shared Spaces program during the COVID-19 pandemic.

“Shared Space” is a publicly-accessible location approved under the Shared Spaces Program and located (a) on City-owned property under the administration of the Real Estate Division, (b) on the sidewalk, (c) in the curbside lane, (d) on all or any portion of the roadway between curbs, and/or (e) on private property, where the public can gather and participate in commercial or non-commercial offerings and events. Such offerings and events may include, but are not limited to: retail, cultural events, arts activities, and entertainment; food and drink; and general recreation. A Shared Space is managed, fully or partially, by a Permittee under a Shared Space Permit issued under the Program and may involve the temporary and reversible installation and maintenance of physical treatments, improvements, or elements.

“Shared Space Categories” constitute the following types of Shared Spaces, as defined in this Section 94A.2: City Lot Shared Space, Curbside Shared Space, Integrated Shared Space, Roadway Shared Space, and Sidewalk Shared Space.

“Shared Spaces Permit” is a permit issued under the Shared Spaces Program through its Core City Agencies that allows a Permittee to create a Shared Space by temporarily occupying and activating the location for a specified period of time. Shared Spaces permits shall be issued by the Core City Agencies, as follows:

(a) Real Estate shall review and issue permits for City Lot Shared Spaces pursuant to the procedures set forth in Section 94A.7 of this Chapter.

(b) Public Works shall review and issue permits for Curbside Shared Spaces and Sidewalk Shared Spaces pursuant to the procedures set forth in Sections 793 et seq. of the Public Works Code, provided that the Director of Transportation has approved closure of the curbside lane pursuant to procedures set forth in Section 204 of Division II of the Transportation Code.

(c) Where the Roadway Shared Space proposal would result in a Temporary Closure, ISCOTT shall review and issue permits pursuant to the procedures set forth in Section 6.16 of Division I of the Transportation Code. For Roadway Shared Space proposals requiring a Longer-Term Closure of the Traffic Lane, the SFMTA Board of Directors shall evaluate the suitability of closing the street pursuant to procedures set forth in Section 206 of Division II of the Transportation Code, and MTA shall review and issue the Roadway Shared Space permit.

(d) The Entertainment Commission shall review and issue permits pursuant to its jurisdiction as set forth in Article 15.1 of the Police Code.

“Permittee” is, for a City Lot Shared Space, (a) any person or educational, recreational, or social agency, (b) any bona fide fraternal, charitable, religious, benevolent, or other nonprofit organization which is exempt from taxation under the Internal Revenue Code as a bona fide fraternal,

charitable, religious, benevolent, or nonprofit organization, or (c) a public agency with programs based in San Francisco. For Curbside, Roadway, and Sidewalk Shared Spaces, a “Permittee” may be any person or entity and is not restricted to the organizations and entities described above.

“Shared Spaces Program” or “Program” is the San Francisco Shared Spaces Program established and described in this Chapter 94A.

“Sidewalk Shared Space” is a Shared Space with activities occurring on a portion of sidewalk. A Sidewalk Shared Space does not include the authorized placement of café tables and chairs or Display Merchandise under Article 5.2 of the Public Works Code.

“Temporary Closure” has the same meaning as the term is defined in Section 101 of Division II of the Transportation Code.

(Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

To achieve the purpose of the Shared Spaces Program, the Core City Agencies shall perform the functions set forth below consistent with each Agency’s authority under the Charter and other applicable City law. The specific roles of each participating Core City Agency for each Shared Space Category are set forth in Section 94A.4.

(a) Coordinate principles and practices in Shared Spaces designated under the Program with other public agencies operating similar public realm initiatives and projects in the City.

(b) Be responsible for development and administration of Program implementation, policies, and strategies.

(c) Sustain strategic partnerships with stakeholders of Shared Spaces, including community organizations, nonprofit organizations, and businesses, in supporting and enhancing the Program.

(d) Endeavor to keep barriers to participation in the Program as low as possible, including but not limited to keeping administrative and permit fees modest.

(e) Explore efforts to cross-subsidize approved Shared Spaces by leveraging the revenue generated in Shared Spaces that exceeds the cost of managing and operating the Shared Space and directing a portion of the excess funds to support other Shared Spaces that have a demonstrated funding need.

(f) Seek Permittees for Shared Spaces through a Permittee identification process that utilizes existing City partnership efforts where possible and builds strong relationships with Permittees.

(g) Network communication and coordinate efforts of the various Permittees within the Program.

(h) Identify opportunities to streamline permitting for active uses of and access to Shared Spaces so that barriers to event permitting are eliminated or minimized.

(i) Encourage Permittees to maximize events and activities that are free to the public.

(j) Collect Shared Space participation data and user feedback, and use established criteria to evaluate Permittee performance outcomes in various areas, including racial equity, transportation, the environment, public access, economic impact, type of activities, and community engagement.

(k) Support development of long-term maintenance and activity partnerships for Shared Spaces.

(l) Strive to ensure that Shared Spaces remain available to the public, while recognizing that some small number of restricted access events or timespecific commercial use of Curbside Shared Spaces by businesses in suitable locations may be helpful in assisting in the City’s economic recovery from the COVID-19 pandemic.

(m) Support the City’s goal of continuing to be a national and international leader in public realm innovation.

(n) Support the City’s values and commitments to the Transit First, Vision Zero, and Climate Action policies; access for disabled persons; and application of the Curb Management Strategy to ensure balanced curbside functionality.

(o) Provide access for people and goods (e.g. bus stop, commercial or passenger loading zone, disabled loading and parking, etc.); movement (e.g. accommodating transit and bike lanes, etc.); public accessibility; public safety (e.g. red zones for daylighting, fire hydrants, etc.); and bicycle parking and storage (e.g. bike corrals and bike sharing stations).

(p) Ensure equitable access for all who live and work in San Francisco through the implementation of regulations and requirements that account for disability and access needs.

(q) Support San Francisco’s economic recovery following the COVID-19 pandemic by creating ways for the public to activate public spaces and safely engage in economic activities, like dining and retail, outdoors.

(r) Support San Francisco’s goal of promoting equitable opportunity for businesses by performing outreach in multiple languages to small businesses located in communities suffering from economic, health and environmental burdens.

(Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

In coordinating their activities under the Program, the Core City Agencies shall have the responsibilities set forth below.

(a) Planning Department; General Coordination of Program Activities. After a prospective Permittee submits an application for a Shared Space, Planning will ensure review and approval of the application. Specifically, Planning will:

(1) Ensure that the application is routed to all Core City Agencies with jurisdiction over the proposed Shared Space for review and provide wholistic coordination of the program, taking into account land use, transportation, public space and urban design considerations.

(2) Collaborate with the appropriate Core City Agency in the review and approval of a Shared Space permit, and guide strategic change management of the program to ensure continued equity and accessibility by all intended users.

(3) Shared Spaces [1 ] Oversee cross-departmental tracking systems to ensure comprehensive impact reporting and accountability, and support the monitoring of Permittee’s compliance with any terms and conditions in the Shared Space Permit, report any noncompliance known to Planning to the

applicable Core City Agency with jurisdiction for enforcement.

(4) Coordinate Core City Agency outreach to prospective Permittees. Such outreach shall be performed in multiple languages and include small businesses located in communities suffering from economic, health and environmental burdens. Ensure quality public education, marketing and community engagement for the program as a whole.

In performing the coordination role described in subsections (a)(1) - (4), Planning shall, if necessary, obtain the recommendations of staff of the other Core City Agencies, including, among others: the Director of Public Works, the Director of Transportation, the Director of the Real Estate Division, the Director of Health, and/or the Executive Director of the Entertainment Commission.

(b) Director of Real Estate; City Lot Shared Spaces. The Director of Real Estate will administer Shared Spaces that are solely on a City-owned lot, pursuant to Section 94A.7.

(c) Entertainment Commission; Shared Spaces with Entertainment Activities. The Entertainment Commission will review and consider any application for a Shared Space Permit that proposes an activity or activities within the jurisdiction of the Entertainment Commission, consistent with Police Code, Section 1060 but, as applied to a Shared Space, the proposed activity or activities may include the service of food and beverages for consumption on the premises. The Commission may approve an application that satisfies all the applicable requirements for creation of a Limited Live Performance Locale and authorize issuance of a Shared Space Permit subject to the requirements stated in Police Code Section 1060.

(d) Planning, MTA, and Public Works; Shared Spaces in the Public Right-of-Way.

(1) Curbside Shared Spaces.

(A) Planning will review the overall concept of the application, approve the Permittee’s proposed program of offerings and events that will activate the Shared Space, and participate in the design review of all proposed physical treatments or improvements.

(B) MTA will approve or deny the proposed closure of the curbside lane pursuant to Section 204 of Division II of the Transportation Code, including permit terms and conditions as established by the Director of Transportation, and participate, as applicable, in design review of all physical treatments or improvements proposed by a Permittee and, at the MTA’s discretion, implement any approved (i) restriping of travel and parking lanes, (ii) ground surface treatments to delineate right-of-ways temporarily converted for the project, (iii) placement of upright bollards and other traffic control devices, and (iv) other reversible site improvements not included within subsection (d)(1)(C) below that are needed for the project.

(C) Public Works will, pursuant to the process set forth in Sections 793 et seq. of the Public Works Code, (i) (i) [1 ] participate in the design review and approval of physical treatments or improvements proposed by a Permittee, (ii) participate in the review and approval of the Permittee’s proposed program of events intended to activate the Shared Space, (iii) consult with additional City agencies such as the Public Utilities Commission and the Fire Department regarding the design and construction of any proposed structure proposed to occupy the right-of-way as part of a Shared Space, (iv) v 1 provide approval for the Shared Space Permit along with the other Core City Agencies with jurisdiction over the proposed Shared Space, and (vi) issue the Curbside Shared Space permit. The Director of Public Works, consistent with Sections 793 et seq. of the Public Works Code, shall issue regulations setting forth standard design and operating requirements for any Curbside Shared Space. In addition, Public Works, in its sole discretion, may install reversible site improvements (planters, furnishings, etc.) associated with the project.

(D) The Core City Agencies shall review the proposed Curbside Shared Space for potential conflicts with future City projects, such as streetscape initiatives (including streetscape redesigns, paving projects, transit improvements), on-going maintenance needs, and planned improvements. Core City Agencies shall also review the proposed Curbside Shared Space for potential conflicts with City projects completed in the 10

years prior to the application to reduce conflicts with the purposes of those projects, including but not limited to review to ensure that the Shared Space would enhance rather than undermine the City’s Vision Zero, Transit-First, and Better Streets Policies.

(E) A Permittee’s right to occupy the Curbside Shared Space shall be conditioned upon the obligation to remove or modify the Curbside 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. The Permittee shall be obligated to remove or modify the Curbside Shared Space at the Permittee’s cost and return the rightof-way to a condition that the Director of Public Works deems appropriate within 15 days of receiving notice from the City, although the Director of Public Works or applicable Core Agency may require removal of the Shared Space in a shorter time period where the Director of Public Works determines that an emergency or other threat to public health or safety exists, or finds that any delay would result in extraordinary cost to the City.

(2) Roadway Shared Spaces.

(A) Planning will review the overall concept of the application, approve the Permittee’s proposed program of offerings and events that will activate the Shared Space, and participate, along with other City departments with jurisdiction over the proposed Shared Space, in the design review of all proposed physical treatments or improvements.

(B) MTA will carry out its role in evaluating the application, including making the determination of any necessary street closure and circulation changes. In its discretion, the MTA may consider implementing any approved restriping of travel and parking lanes, ground surface treatments to delineate right-of-ways temporarily converted for the project, placement of upright bollards and other traffic control devices, and other reversible site improvements that are needed for the project.

(i) Where the portion of the public-right-of-way to be used for the Roadway Shared Space is proposed to be closed as a Temporary Closure, ISCOTT will, pursuant to the process set forth in Section 6.16 of Division I of the Transportation Code:

a. participate in the design review and approval of physical treatments or improvements proposed by a Permittee;

b. participate in the review and approval of the Permittee’s proposed program of events intended to activate the Shared Space;

c. provide approval for the Shared Space Permit along with the other Core City Agencies with jurisdiction over the proposed Shared Space;

d. review and approve any necessary street closure and circulation changes; and

e. issue the Roadway Shared Space permit.

(ii) Where the portion of the right-of-way proposed to be used for the Roadway Shared Space is proposed to be closed as a Longer-Term Closure, the SFMTA Board of Directors shall review and approve any necessary street closure and circulation changes pursuant to the process set forth in Division II of the Transportation Code. Following any decision to close the street by the SFMTA Board of Directors, MTA staff will:

a. participate in the design review and approval of physical treatments or improvements proposed by a Permittee;

b. participate in the review and approval of the Permittee’s proposed program of events intended to activate the Shared Space;

c. provide approval for the Shared Space Permit along with the other Core City Agencies with jurisdiction over the proposed Shared Space; and

d. issue the Roadway Shared Space permit.

(C) For all Roadway Shared Space permit applications, Public Works will (i) participate in the design review and approval of physical treatments or improvements proposed by a Permittee, (ii) participate in the review and approval of the Permittee’s proposed program of events intended to activate the Shared Space, and (iii) provide approval for the Shared Space Permit along with the other Core City Agencies with jurisdiction over the proposed Shared Space. In addition, Public Works, in its sole discretion, may install reversible site improvements (planters, furnishings, etc.) associated with the project.

(3) Sidewalk Shared Spaces.

(A) Planning will review the overall concept of the application, approve the Permittee’s planned program of offerings and events that will activate the Shared Space and participate in the design review of all proposed physical treatments or improvements.

(B) Public Works will pursuant to the process set forth in Sections 793 et seq. of the Public Works Code, (A) participate in the design review and approval of physical treatments or improvements proposed by a Permittee, (B) participate in the review and approval of the Permittee’s proposed program of events intended to activate the Shared Space, (C) provide approval for the Shared Space Permit along with the other Core City Agencies with jurisdiction over the proposed Shared Space, and (D) issue the Sidewalk Shared Space permit. In addition, Public Works, in its sole discretion, may install reversible site improvements (planters, furnishings, etc.) associated with the project.

(e) Integrated Shared Spaces. Where a single application involves activities occurring in more than one Shared Space category, each Core City Agency shall:

(1) Participate in design review and proposal development for the Shared Space project with respect to those proposed elements that are within such Agency’s jurisdiction as is specified in this Section 94A.4 for review of the individual Shared Space Categories; provided, however, that the Director of one of the participating Core City Agencies may authorize another participating Core City Agency to review the application and one or more of the design elements on its behalf.

(2) Implement the pertinent elements as specified in this Section 94A.4 for review of the individual Shared Space Categories.

(Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; Ord. 26-23, File No. 230025, App. 2/23/2023, Eff. 3/26/2023; Ord. 67-23, File No. 230124, App. 4/27/2023, Eff. 5/28/2023)

CODIFICATION NOTE

1. So in Ord. 99-21.

(a) General Application Requirements. A prospective Permittee may submit an application for a Shared Spaces Permit consistent with the requirements of this Section 94A.5. After Planning has reviewed the application for completeness and compliance with Program requirements, Planning will circulate the application to the Core City Agencies with jurisdiction over the proposed Shared Space. Each proposed Shared Space application must include the following components:

(1) A narrative description of the proposed Shared Space, including the planned activation of the space.

(2) Documentation of community outreach and support, including documentation of any known concerns, and efforts made by the applicant to address such concerns.

(3) Documentation showing that all property owners of any building fronting a proposed Sidewalk or Curbside Shared Space or the property owners’ agents have been notified by the prospective Permittee of the intent to submit an application for a Shared Space.

(A) Sidewalk Shared Spaces. If the prospective Permittee is not the ground-floor tenant of the building fronting the sidewalk area proposed to be used as a Sidewalk Shared Space, and/or the Permittee proposes to use sidewalk space other than the sidewalk fronting Permittee’s location, then documentary proof of consent from any ground-floor tenant(s) fronting the areas proposed to be used as the Shared Space is also required. In the event there is no ground-floor tenant of a building fronting the areas proposed to be used as a Shared Space, then documentary proof of consent from the fronting property owner or their agent is required.

(B) Curbside Shared Spaces. If the prospective Permittee is not the ground-floor tenant of the building fronting the parking space proposed to be used as a Curbside Shared Space, and/or if half or more of a marked parking space or any portion of an unmarked parking space proposed to be used for a Curbside Shared Space would be outside of Permittee’s ground-floor frontage, then the prospective Permittee shall provide documentary proof of consent from any ground-floor tenant(s) fronting the areas proposed to be used as the Shared Space or from the fronting property owner or its agent after making a good faith effort to obtain such consent. For purposes of this subsection, a good faith effort shall be considered three documented written attempts to seek consent from ground-floor tenant(s) or the fronting property owner or the owner’s agent over a minimum period of six weeks. If a prospective Permittee fails to obtain consent after a good faith effort, then this requirement is waived. The street address location for the Curbside Shared Space need not be the same street address as a ground-floor tenant(s) or the fronting property owner if the fronting property has multiple street addresses whose occupants access a common entrance.

(4) A list and frequency schedule for routine maintenance tasks.

(5) For Roadway Shared Spaces, a prospective activities calendar describing the frequency and types of free public programming, if applicable.

(6) A description of any limitations on public use, including:

(A) The number of restricted access events, if any, that will be held annually. In no event may the number of restricted access events allowed exceed eight single-day events per year. Scheduling of any approved restricted access events shall not be concentrated during a particular time or times a year but be spread throughout the calendar year.

(B) If the Permittee intends to use a Curbside Shared Space for the benefit of a business, a description of the proposed hours of use, and proposed activities. In no event may the exclusive use of the Curbside Shared Space exceed the hours of operation of the associated business or businesses.

(7) Photographs of existing conditions on the site.

(8) A site plan depicting how the space will be configured, including the introduction and placement of any temporary physical elements, and the placement of nearby ground fixtures. The site plan shall also include at-grade roadway markings such as color curbs, lane striping, parking stall marking, and at-grade utility access panels, storm drains, manhole covers, and other utility access points.

(b) Permit Application Requirements for Specific Types of Shared Spaces. In addition to the general permit requirements set forth in subsection (a), the following additional permit application requirements for specific Shared Space Categories shall apply:

(1) for City Lot Shared Spaces, in Section 94A.7 of this Chapter 94A;

(2) for Sidewalk Shared Spaces, in Public Works Code Sections 793 et seq. ;

(3) for Curbside Shared Spaces, in Public Works Code Sections 793 et seq. for permit issuance, and Section 204 of Division II of the Transportation Code for roadway closure; and

(4) for Roadway Shared Spaces, in Section 6.16 of Division I of the Transportation Code for permit issuance and roadway closure.

(c) Shared Space Permit – Issuance; Conditions of Approval; Limited Duration.

(1) Issuance. To the maximum extent feasible, application review shall be completed within 30 days of the date a complete application is submitted. Issuance of a permit authorizes the Permittee to create a Shared Space by occupying the location with physical treatments or improvements and/or activating the location with programming. For the Core City Agencies, a Shared Space Permit shall incorporate the requirements of and substitute for a permit that would otherwise be required under other sections of the Municipal Code.

cation is submitted. Issuance of a permit authorizes the Permittee to create a Shared Space by occupying the location with physical treatments or improvements and/or activating the location with programming. For the Core City Agencies, a Shared Space Permit shall incorporate the requirements of and substitute for a permit that would otherwise be required under other sections of the Municipal Code.

(2) Conditions of Approval; Liability Insurance and Indemnity Provisions. The Shared Space Permit sets forth the permit terms, conditions of approval, operational requirements, and duration of the permit, and approved by all the Core City Agencies with jurisdiction over the Shared Space. In addition to any conditions that a Core City Agency is authorized to impose on a Shared Space Permit pursuant to this Chapter 94A, a participating Core City Agency with jurisdiction over the Shared Space shall impose any condition that it would have been required to impose on a permit separately issued under the Code that regulates its activities; provided, however, that Public Works, with the approval of the City’s Risk Manager, is authorized to modify standard liability insurance and indemnification requirements for Sidewalk Shared Space projects and Curbside Shared Space projects. For Shared Space projects developed in whole or in part, or installed in whole or in part, by a City Agency, the Core City Agency that issues the permit, with the approval of the City’s Risk Manager, may limit the Permittee’s required liability insurance and indemnification requirements to the non-physical aspects of the Shared Space. Permittees shall be required to submit proof of required liability insurance and indemnification with each application for a new Shared Space and with any application for renewal or extension of an existing Shared Space.

(3) Limited Duration. The maximum initial term for a Curbside Shared Space Permit or a Sidewalk Shared Space Permit shall be for one year, after which it may be renewed or extended upon review and approval by the Core City Agencies with jurisdiction over the Shared Space for additional terms of up to one year each. Any closure of a curbside lane for a Curbside Shared Space must follow the requirements of Section 204 of Division II of the Transportation Code. The maximum initial term for a Roadway Shared Space shall be two years, after which it may be renewed or extended upon review and approval by the Core City Agencies with jurisdiction over the Shared Space, for additional terms of up to two years each, subject to any necessary street closure by the SFMTA Board of Directors [1 ] The maximum initial term of a City Lot Shared Space Permit shall be five years, which may be extended by the Director of Real Estate pursuant to the provisions of Section 94A.7(d) for additional terms of up to five years each.

Agencies with jurisdiction over the Shared Space, for additional terms of up to two years each, subject to any necessary street closure by the SFMTA Board of Directors [1 ] The maximum initial term of a City Lot Shared Space Permit shall be five years, which may be extended by the Director of Real Estate pursuant to the provisions of Section 94A.7(d) for additional terms of up to five years each.

(d) Coordination of Additional Permits Required from Other City Agencies. Certain activities may require additional permits or approvals from another City agency, board, commission, or department that is not a Core City Agency. In such cases, the Core City Agencies shall coordinate regarding all other permits or approvals that may be necessary for or related to activities at the Shared Space. The issuance of a Shared Space Permit shall be conditioned upon compliance with any necessary approvals and inspections by all City Agencies with jurisdiction, including but not limited to Fire Department, Department of Building Inspection, Entertainment Commission, and Department of Public Health.

(e) Coordination of Additional Permits Required from Other Governmental Authorities. Certain activities in the public right-of-way may require additional review and approvals from Federal or State authorities, or other County agencies, boards, commissions, or departments. In such

cases, the Core City Agencies shall coordinate regarding all other review or approvals that may be necessary for or related to the activities at the Shared Space.

(f) Modification of a Shared Space Permit; Withdrawal of Approval.

(1) Permit Modification. Shared Space Permits on public space are revocable at will. Therefore, each Core City Agency that has approved issuance of a Shared Space Permit may at any time modify those portions of the Permit that are within its jurisdiction, including any conditions. If a Core City Agency makes a determination to modify the Shared Space Permit or any conditions that it has imposed, or to impose additional conditions, the Agency shall notify Planning and the other Core City Agencies with jurisdiction over the Shared Space. Upon notification of a modification of the Permit, Planning and any Core City Agency that approved issuance of the Shared Space Permit shall determine if other portions of the Permit also need to be modified, or if the entire Shared Space Permit needs to be revoked pursuant to subsection (g) below. A new Shared Space Permit is required to be issued if Planning and the other participating Core City Agencies determine that the proposed modifications are major. Minor modifications to a Shared Space Permit may be made without the issuance of a new Permit. The Core City Agency that issued the Shared Space Permit will notify the Permittee of any permit modifications or if revocation of the entire Permit pursuant to subsection (g) below is required.

f Planning and the other participating Core City Agencies determine that the proposed modifications are major. Minor modifications to a Shared Space Permit may be made without the issuance of a new Permit. The Core City Agency that issued the Shared Space Permit will notify the Permittee of any permit modifications or if revocation of the entire Permit pursuant to subsection (g) below is required.

(2) Withdrawal of Approval. A Core City Agency may at any time withdraw its approval of the Shared Space Permit. If a Core City Agency makes a determination to withdraw its approval of the Shared Space Permit, any activities requiring its approval shall be severed from the Shared Space Permit. The Agency shall notify Planning and the Core City Agencies that approved issuance of the Shared Space Permit of its decision to sever from the permit those portions that are within the Agency’s jurisdiction. Upon receipt of a notification of severance, the other Core City Agencies that approved issuance of the Permit shall determine if the severance requires revocation of the permit in its entirety pursuant to subsection (g) below, or whether the permit can be modified rather than revoked. If the remaining Core City Agencies determine that the severance does not require revocation but requires a major modification of the permit, a new Shared Space Permit must be issued. In the case of a severance, the Core City Agency that issued the Shared Space Permit will send the Permittee written notification of the severance and any resulting modification or revocation of the Shared Space Permit.

(g) Permit Revocation. A Shared Space Permit issued pursuant to this Chapter 94A may be revoked at any time by the Core City Agencies that approved issuance of the Permit or, if revocation is required by a modification or withdrawal of approval by a Core City Agency pursuant to subsection (f)(1) or (f)(2) above, by the remaining Core City Agencies that approved issuance of the Permit. The revocation process may be initiated by:

(1) a request for revocation from one or more of the Core City Agencies that approved issuance of the Shared Space Permit;

(2) notification of a permit modification by a Core City Agency pursuant to subsection (f)(1) above; or

(3) notification of withdrawal of approval by a Core City Agency pursuant to subsection (f)(2) above.

If the Shared Space Permit is revoked, the Core City Agency that issued the Shared Space Permit shall send the Permittee written notification of the revocation.

(h) Reports on Revocations. No later than 6 months following the effective date of the ordinance contained in Board of Supervisors File No. 210284, a report shall be provided to the Board of Supervisors detailing every Shared Space Permit that has been revoked, or about which a determination has been made that it will need to be revoked, in order to comply with the City’s Vision Zero, Better Streets, and Transit First Policies, including revocations of Shared Spaces Permits for the purpose of restoring transit lines, to maintain safe access to public rights of way for seniors people with disabilities, and to facilitate pedestrian safety. Thereafter, a report shall be issued on a yearly basis to the Board of Supervisors listing all

Shared Spaces Permits for which approvals were withdrawn pursuant to subsection 94A.5(f)(2), or which were revoked pursuant to subsection 94A.5(g).

(Added as Sec. 94A.6 by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered and amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; amended by Ord. 51-22, File No. 211301, App. 3/31/2022, Eff. 5/1/2022; Ord. 26-23, File No. 230025, App. 2/23/2023, Eff. 3/26/2023; Ord. 67-23, File No. 230124, App. 4/27/2023, Eff. 5/28/2023)

(Former Sec. 94A.5 added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; repealed by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

CODIFICATION NOTE

1. So in Ord. 99-21.

(a) Applicability of Requirements. The Operational Requirements set forth in subsection (b) below shall apply to all Shared Spaces except as follows:

(1) The applicability of the Operational Requirements to a Shared Space within the jurisdiction of the MTA requires the MTA’s approval.

(2) One or more of the Operational Requirements may not be warranted or appropriate for a particular Shared Space or event occurring at a Shared Space, due to special circumstances. In such situations: the Director of Real Estate (for a City Lot Shared Space), the Director of Public Works (for a Curbside Shared Space or Sidewalk Shared Space), or the Director of MTA (for a Roadway Shared Space) may grant a non-material exception or other minor amendment to the Good Neighbor Policies set forth in subsection (b)(8) or waive or modify one or more of the other Operational Requirements if the Director finds, in the Director’s sole discretion, that the Requirement is not warranted or appropriate for a particular Shared Space or event and that the public interest would be served by granting the waiver or modification or exception.

(b) Operational Requirements.

(1) Public Accessibility. Unless authorized as a restricted access event, all Shared Spaces shall remain accessible to the public.. [1 ] Fixed Commercial Parklets and Movable Commercial Parklets shall provide alternate public seating, which is accessible to persons who are not patrons of the business for any period when the Curbside Shared Space is being activated for commercial use by the business. Alternate public seating shall include at least one public bench or other seating arrangement for every 20 linear feet of Curbside Shared Space, or per subdivided section of a Curbside Shared Space. This alternate public seating shall be included in the Curbside Shared Space permit. Fixed Commercial Parklet and Movable Commercial Parklet Permittees shall be allowed to secure the Curbside Shared Space from midnight to 7:00 a.m. The Director of Public Works is authorized to issue regulations that are consistent with this section regarding use of a Curbside Shared Space. In no event shall any exclusive uses provided for in this subsection (b)(1) be construed as being inconsistent with the Permittee’s obligation to remove or modify the Curbside Shared Space at any time pursuant to Section 94A.4(d)(1)(E).

(2) Vending. 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 Shared Space unless the City has issued any required permit or other authorization. Notwithstanding the previous sentence, 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.

r sale, or sell in exchange, or offer for sale or exchange any goods, wares, or merchandise in the Shared Space unless the City has issued any required permit or other authorization. Notwithstanding the previous sentence, 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.

(3) Performance of Labor. No person, other than authorized City personnel, shall perform any labor on or upon a City Lot Shared Space, 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 (A) the Director of Real Estate for City Lot Shared Spaces, and (B) the Director of Public Works for Sidewalk, Curbside, or Roadway Shared Spaces. Such permission shall be specified in the Shared Space Permit.

(4) Camping Prohibited. The provisions of Park Code Section 3.12 concerning camping shall apply to all Shared Spaces. The Director of Real Estate shall administer those provisions for City Lot Shared Spaces, and Public Works shall administer them for Sidewalk, Curbside, or Roadway Shared Spaces.

(5) No Unpermitted Occupancy Allowed. There shall be no stationing or erecting of any structure on a Shared Space without prior permission from (A) the Director of Real Estate for City Lot Shared Spaces, (B) the Director of Public Works for Sidewalk, or Curbside Shared Spaces, and/or (C) Director of Transportation for any Roadway Shared Space. Such permission shall be specified in the Shared Space Permit.

(6) Smoking Prohibited. Pursuant to Article 19I of the Health Code, smoking is prohibited on any unenclosed area of property in the City 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 Shared Space, this prohibition on smoking shall apply to all Shared Spaces.

(7) Other Restrictions.

(A) No skateboarding, bicycle riding, or pets off leash is allowed without prior permission from (i) the Director of Real Estate for City Lot Shared Spaces, (ii) the Director of Public Works for Sidewalk Shared Spaces and, [1 ] Curbside Shared Spaces, or (iii) the Director of Transportation for Roadway Shared Spaces. Such permission shall be specified in the Shared Space Permit.

(B) No littering, feeding of wildlife, or defacing of public property is allowed.

(C) No alcohol may be consumed without prior permission from all required City and State authorities. Such intent must be described in the application so that the Core City Agencies may consider the request as part of the application.

(D) General Advertising, as defined in Article 6 of the Planning Code, is prohibited. The Director of Planning shall provide additional guidance on the display of business signs, consistent with the intent and purpose of Planning Code Section 607.1(f).

(8) Good Neighbor Policies. Permittees of all Shared Space Categories shall manage the Shared Space in accordance with the following good neighbor policies during the times of use set forth in the Shared Space Permit:

(A) The safety and cleanliness of the Shared Space and its adjacent area within a 100-foot radius shall be maintained, provided that any Permittee may request, and Public Works shall provide, any necessary assistance with the removal of hazardous waste;

(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 the immediate area of the Shared Space so as not to be a nuisance or annoyance to neighbors;

(D) Notices shall be prominently displayed during events that urge patrons to leave the Shared Space premises and neighborhood in a quiet, peaceful, and orderly fashion and to not litter or block driveways in the neighborhood. Such notices shall be removed after each event; and,

(E) The Permittee or its employees or volunteers shall walk a 100-foot radius from the Shared Space within 30 minutes after programmed events have concluded and/or at the conclusion of its hours of operation, and shall pick up and dispose of any discarded trash left by patrons.

(9) Additional Operational Requirements.

(A) Sidewalk Path of Travel for Sidewalk Shared Spaces. Sidewalk Shared Space Permittees shall provide a path of unimpeded access at least eight feet wide across the sidewalk fronting their Shared Space, unless Public Works determines that such unimpeded access is not physically feasible due to the width of the sidewalk in relation to fixed obstacles on the sidewalk, including but not limited to trees, parking meters, garbage cans, benches, or bike parking fixtures. All Sidewalk Shared Space Permittees who cannot provide an eight-foot wide path of access as described above must provide a path of unimpeded access at least six feet wide across the sidewalk fronting their Shared Space. Sidewalk Shared Space Permittees must post signage stating the minimum path of travel that must be maintained at all times.

(B) Site Treatments for Curbside Shared Spaces. Any design guidelines issued by Public Works or the MTA for Curbside Shared Spaces shall include the obligation to maximize visibility for safety, including, but not limited, to installation of reflective materials or soft hit posts.

(C) Because Shared Spaces are intended to be publicly accessible open spaces, private dining and table service shall not be permitted in Sidewalk Shared Spaces, Curbside Shared Spaces, or Roadway Shared Spaces, unless expressly authorized in the Shared Space Permit. Any approved use of a Sidewalk, Curbside, or Roadway Shared Space for private dining and table service is limited to the normal hours of the business’s operation. Any business that uses a Shared Space exclusively for private dining and table service must provide public seating consistent with Section 94A.6(b) (1).

s, or Roadway Shared Spaces, unless expressly authorized in the Shared Space Permit. Any approved use of a Sidewalk, Curbside, or Roadway Shared Space for private dining and table service is limited to the normal hours of the business’s operation. Any business that uses a Shared Space exclusively for private dining and table service must provide public seating consistent with Section 94A.6(b) (1).

(Added as Sec. 94A.7 by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered and amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; amended by Ord. 118-21, File No. 210566, App. 8/4/2021, Eff. 9/4/2021; Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

(Former Sec. 94A.6 added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered as Sec. 94A.5 by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

CODIFICATION NOTE

1. So in Ord. 99-21.

All Shared Spaces that are solely on a City-owned lot shall be administered by the Director of Real Estate, who will coordinate with and may request assistance from Planning.

(a) Permit Application and Issuance; Public Notice. A prospective Permittee may submit an application for a City Lot Shared Space Permit to the Director of Real Estate, and the Program coordinators at Planning and Real Estate shall work with the prospective Permittee to refine the proposed design, activities program, and management plan for the proposed City Lot Shared Space. The Director of Real Estate may elect to authorize the Shared Space under Chapter 23 of this Code. If the Director elects to authorize the Shared Space under the [1 ] this Chapter 94A, the Director shall use the following procedure:

(1) An application for a City Lot Shared Spaces Permit shall include the following:

(A) Documentation of community outreach and support.

(B) A list of and frequency schedule for routine maintenance tasks.

(C) A prospective activities calendar describing the frequency and types of free public programming.

(D) The number of restricted access events, if any, that will be held annually. In no event may the number of restricted access events allowed exceed eight single-day events per year. Scheduling of any approved restricted access events shall not be concentrated during a particular time or times a year but be spread throughout the calendar year. Public access to the Shared Space shall not be restricted except for approved restricted access

events.

(E) Photographs of existing conditions on the site.

(F) A conceptual site plan depicting how the space will be configured, including the introduction and placement of any temporary physical elements. If the space will be configured to accommodate different types of programs, the application shall include a series of site plans depicting proposed configurations.

(2) Upon submission of an application for a City Lot Shared Space Permit, the Director of Real Estate shall post the Shared Space site with a Notice of Application for a period of seven calendar days. In addition, the Director shall post the Application for seven calendar days on the websites of Real Estate and the Shared Spaces Program. The Director may take such other actions as the Director deems advisable to notify the public about the application.

(3) If there are entertainment-related activities proposed for the City Lot Shared Space that fall within the purview of the Entertainment Commission, the public notice may include a notice of public hearing by the Entertainment Commission.

(4) The Director of Real Estate shall accept written public comments on the application for at least seven calendar days after the first day of the posting of notice of the application, and a City Lot Shared Space Permit shall not be issued before the end of the written public comment period.

(5) The Director of Real Estate may, in the Director’s discretion, hold a public hearing concerning the application for a Shared Space Permit. If a public hearing is held, notice of the hearing shall be given by posting a Notice of Public Hearing at the proposed Shared Space site for at least seven calendar days before the hearing. At the Director’s discretion, the public hearing notice may be combined with the Notice of Application.

(6) After approval of the Permit application by the Director of Real Estate, Real Estate shall issue the City Lot Shared Space Permit.

(b) Permit Conditions; Grant of Exceptions.

(1) Conditions. The conditions for operation, use, and maintenance of a City Lot Shared Space shall be specified in either a City Lot Shared Space Permit or a Lease issued pursuant to Chapter 23 of this Code. These conditions shall include, but are not limited to:

(A) design specifications for any temporary physical treatments or improvements being introduced at the site;

(B) scope of permissible activities and uses; daily, weekly, and/or monthly time periods authorized for such permissible activities and uses;

(C) the minimum number of programmed events by day, week, month, quarter, or year;

(D) the permissible number of annual restricted access events, if any;

(E) the Permittee’s liability for and indemnification of the City with respect to the Shared Space and the Permittee’s required liability insurance, which is required for activities on publicly owned space, all as approved by the City Risk Manager or any successor agency;

(F) an authorized signage program;

(G) the delineation of maintenance responsibilities between the City and the Permittee;

(H) the expiration date of the Shared Space Permit;

(I) remedies for violating the permit, including but not limited to revocation; and

(J) adherence to the Good Neighbor Policies in Section 94A.6(b)(8).

(2) Exceptions; Public Notice. Upon written request from a Permittee, the Director of Real Estate may grant a non-material exception or other minor amendment to the conditions imposed on a City Lot Shared Space Permit if the Director determines that the exception or minor amendment is reasonably within the purposes of the Shared Spaces 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 materially decrease the benefit the City receives under the Permittee’s City Lot Shared Space Permit. Any exceptions or minor amendments of the Permit conditions that the Director grants pursuant to this subsection (b)(2) shall be in writing and retained in a file available for public review. In addition, at the Permittee’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 Shared Spaces Program.

at the Director grants pursuant to this subsection (b)(2) shall be in writing and retained in a file available for public review. In addition, at the Permittee’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 Shared Spaces Program.

(c) Duration of Permit. Should the Director of Real Estate elect to issue a City Lot Shared Space Permit pursuant to this Chapter 94A instead of a Lease under Chapter 23 of this Code, the standard term of a City Lot Shared Space Permit shall be no longer than five years. However, in special circumstances or in cases where the Permittee has installed significant improvements as part of the Permit, the Director of Real Estate has the discretion to extend the term of the Permit beyond five years.

(d) Calendar of Events. In addition to the requirements of Section 94A.7(b), the City Lot Shared Space Permit shall require the Permittee to submit a monthly calendar of activities and events to the local District Police station, the Director of Real Estate, and the Shared Spaces Program by seven days prior to the start of each month.

(e) Grant of Exceptions to Standard Operational Requirements.

(1) Good Neighbor Policies. Upon written request from a Permittee, the Director of Real Estate may grant a non-material exception or other minor amendment to the Good Neighbor Policies in Section 94A.6(d)(8) [1 ] if the Director finds, in the Director’s sole discretion, that one or more aspects of a Good Neighbor Policy are unwarranted or not appropriate for a particular City Lot Shared Space or event due to special circumstances and that the public interest would be served by granting an exception.

(2) Other Operational Requirements. Upon written request from a Permittee, the Director of Real Estate is authorized to waive or modify one or more of the other Operational Requirements in Section 94A.6 if the Director finds, in the Director’s sole discretion, that the Requirement is unwarranted or not appropriate for a particular City Lot Shared Space or event due to special circumstances and that the public interest would be served by granting an exception.

(3) Public Record. Any exceptions, minor amendments, or waivers granted by the Director pursuant to this subsection (e) shall be in writing and retained in a file available for public review.

(f) Director’s Regulations. The Director of Real Estate may adopt such regulations governing City Lot Shared Spaces as the Director deems necessary or appropriate for the proper management and use of City Lot Shared Spaces. The Director may, in the Director’s discretion, post signage with the Regulations on a City Lot Shared Space site.

(Added as Sec. 94A.8 by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered and amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(Former Sec. 94A.7 added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered as Sec. 94A.6 by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

CODIFICATION NOTE

1. So in Ord. 99-21.

(a) Right of Appeal. Any person may appeal the decision to grant or deny an application for any Shared Space Permit, or to revoke or suspend an existing Permit, as follows:

(1) Permits issued by Public Works: Any appeal of a decision by Public Works or Planning shall be heard by the Board of Appeals pursuant to the provisions of Charter Section 4.106 and Sections 8 et seq. of the Business & Tax Regulations Code. With respect to an appeal to the Board of Appeals, it shall be filed in writing with the Clerk of the Board of Appeals within 15 days of the date of issuance, denial, revocation, or suspension of the Shared Space Permit.

(2) Permits issued by ISCOTT: Any appeal of a decision by ISCOTT shall be subject to the requirements of Division I of the Transportation Code.

(3) Permits issued by SFMTA: Any appeal of a decision by SFMTA shall be subject to the requirements of Division II of the Transportation Code.

(b) Permit Renewal. For purposes of an appeal to the Board of Appeals, the renewal of an existing Shared Space Permit is considered to be a new permit and may be appealed in accordance with the provisions of subsection (a) above. Pursuant to Section 8(e)(9)(E) of the Business and Tax Regulations Code, any activities on the site would be suspended during the pendency of the appeal; however, the Core City Agency or Agencies with jurisdiction over the site may, in their discretion, authorize any authorized physical treatments or improvements to the site to remain pending a decision by the Board of Appeals.

(Added as Sec. 94A.9 by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered and amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(Former Sec. 94A.8 added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered as Sec. 94A.7 by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(a) Complaints from the Public. The 311 Customer Relationship Management System is designated to receive complaints from the public and to maintain an interagency complaint log. The 311 System shall route individual public complaints to the department(s) or agency(ies) with jurisdiction

in order for those departments or agencies to verify complaints regarding the Shared Space Program or a particular Shared Space and take any necessary enforcement actions. Public Works shall develop, and Permittees shall be required to post on their Shared Space in a visible location, a public notice in English, Filipino, Spanish, and Chinese, which directs members of the public on how to file complaints with San Francisco 311, along with any relevant information pertaining to required disability access at the Shared Space. The 311 System should provide complainants updates on the status of the complaint and where applicable, how the issue was abated or why complaint was closed by the responsive agency.

(b) Inspection. Throughout the year, and at a minimum interval of every other month, the Core City Agencies shall conduct rolling audits of Shared Spaces located in commercial corridors to check for compliance and take necessary enforcement actions on their findings. The audits should focus on Shared Spaces located in commercial corridors.

(c) Enforcement of Shared Space Permit Requirements.

(1) Each Core City Agency shall enforce the requirements of the Shared Space Permits that are within its jurisdiction. Public Works shall be the primary point of contact for any enforcement action pertaining to a Sidewalk or Curbside Shared Space; MTA shall be the primary point of contact for any enforcement action pertaining to a Roadway Shared Space; and the Division of Real Estate shall be the primary point of contact for any enforcement action pertaining to a City Lot Shared Space. Enforcement may be exercised either by (A) using the procedures of Section 94A.5 to modify conditions of the issued permit, or to withdraw approval of the permit by severance or revocation, or (B) using the enforcement provisions of the Code that regulates its activities: the Public Works Code for Public Works; the Transportation Code for the MTA; the Planning Code for private property; and the Police Code for the Entertainment Commission. Enforcement by the Director of Real Estate is set forth in subsection (c)(2) below. Until April 1, 2023, the issuance of administrative fines or penalties shall be limited to: enforcing access requirements for emergency responder personnel, and people with disabilities, including but not limited to unobstructed access to the sidewalk, maintenance of an accessible route with diverters, accessible tables, the provision of an appropriate platform threshold and, when provided, ramps that meet accessibility requirements; ensuring visibility (daylighting) at intersections identified in the Vision Zero High-Injury Network; and requiring removal of abandoned structures. Beginning on April 1, 2023, this limit shall expire by operation of law and administrative fines and penalties may be issued to ensure compliance with the Program in all respects.

(2) The Director of Real Estate shall establish administrative procedures and methods for verifying, addressing, and responding to any complaints concerning a City Lot Shared Space. If the Director receives a verified complaint concerning violations of the terms and conditions of a Permittee’s City Lot Shared Space Permit, the Director may conduct a public hearing on the Permittee’s conduct. Based on the information presented at the hearing, the Director may revoke, suspend, modify, or condition the Shared Space Permit or take any other action the Director deems appropriate under the terms of the Shared Space Permit to address the Permittee’s conduct.

If any person occupies a City Lot Shared Space in violation of the applicable requirements and regulations, the Director of Real Estate shall order the violator to either correct the violation or vacate the Shared Space site. If the violation is not corrected as ordered, the violator shall be subject to enforcement pursuant to the Police Code.

(Added as Sec. 94A.10 by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered and amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; amended by Ord. 51-22, File No. 211301, App. 3/31/2022, Eff. 5/1/2022)

(Former Sec. 94A.9 added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered as Sec. 94A.8 by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(a) Shared Space Permit and License Fees. Pursuant to subsection 94A.5(c)(1), a Shared Space Permit substitutes for a permit that would otherwise be required by the Municipal Code. Notwithstanding any other provision of the Municipal Code including Public Works Code Section 2.1.3, the permit and license fees may be adjusted each year, without further action by the Board of Supervisors, only to reflect changes in the relevant Consumer Price Index, as determined by the Controller.

(1) Public Works shall assess Sidewalk Shared Spaces permit and license fees using the fees authorized in Article 2.1 of the Public Works Code. The fees to be imposed shall be based on the proposed scope of the Sidewalk Shared Spaces Permit or other appropriate permit types.

(2) The permit and license fee amounts for Curbside Shared Space Permits are set forth in Public Works Code subsection 2.1.1(s) and shall be collected by the Tax Collector and due and payable as follows:

(A) The permit fees for Curbside Shared Spaces shall be due and payable upon the Tax Collector’s issuance of the bill following permit approval, and the annual license fees shall be due and payable annually on March 31, in accordance with Article 2, Section 76.1 of the Business and Tax Regulations Code, with the initial license fee, prorated as described in subsection 76.1(a) or subsection 76.1-1(a) as applicable, being due and payable upon the Tax Collector’s issuance of the bill for that fee following permit approval.

(B) (i) The permit and license fees for Curbside Shared Spaces shall be reduced by 50% for a person or combined group within the meaning of Article 12-A-1 of the Business and Tax Regulations Code if the person or combined group’s gross receipts within the City as determined under Article 12-A-1 reflected on the person or combined group’s most recently filed gross receipts tax return, business registration renewal, or initial business registration application did not exceed $2,500,000, adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31 of the preceding year, beginning with December 31, 2023. If no San Francisco gross receipts were reflected on a person or combined group’s gross receipts tax return, business registration renewal, or initial business registration application, such person or combined group will be treated as having $0 San Francisco gross receipts for purposes of this subsection (a)(2)(B)(i). This subsection (a)(2)(B)(i) shall apply to permits issued before April 1, 2026 and to license periods beginning before April 1, 2026.

person or combined group’s gross receipts tax return, business registration renewal, or initial business registration application, such person or combined group will be treated as having $0 San Francisco gross receipts for purposes of this subsection (a)(2)(B)(i). This subsection (a)(2)(B)(i) shall apply to permits issued before April 1, 2026 and to license periods beginning before April 1, 2026.

(ii) The permit and license fees for Curbside Shared Spaces shall be reduced by 50% for a person or combined group within the meaning of Article 12-A-1 of the Business and Tax Regulations Code if the person or combined group’s gross receipts within the City as determined under Article 12-A-1 reflected on the person or combined group’s most recently filed gross receipts tax return, business registration renewal, or initial business registration application did not exceed $5,000,000, adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/Hayward Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31 of the calendar year two years prior to the tax year, beginning with tax year 2026, and rounded to the nearest $10,000. If no San Francisco gross receipts were reflected on a person or combined group’s gross receipts tax return, business registration renewal, or initial business registration application, such person or combined group will be treated as having $0 San Francisco gross receipts for purposes of this subsection (a)(2)(B)(ii). This subsection (a)(2)(B)(ii) shall apply to permits issued on or after April 1, 2026 and to license periods beginning on or after April 1, 2026.

(C) If a Permittee does not pay the permit fee within 30 days after it becomes due and payable, the Tax Collector shall add 10% to the amount of the permit fee as a penalty for nonpayment. If the permittee does not pay the fee within 60 days after it becomes due and payable, the Tax Collector shall add 15% to the amount of the permit fee as a penalty for nonpayment. If the permittee does not pay the fee within 90 days after it becomes due and payable, the Tax Collector shall add 25% to the amount of the permit fee as a penalty for nonpayment. If the permittee has failed for a period of six months or more to pay a permit fee, the Tax Collector shall impose an additional penalty of 25% on the amount of the delinquent permit fee, and shall refer the delinquent permittee to the Department of Public Works for administrative action on the permit. These penalties are mandatory and City

officers and employees may not waive them in whole or in part. For license periods beginning before April 1, 2026, licensees shall be subject to penalties for delinquent payment of license fees as provided in Article 2, Section 76.1 of the Business and Tax Regulations Code. For license periods beginning on or after April 1, 2026, licensees shall be subject to penalties and interest for delinquent payment of license fees as provided in Article 2, Section 76.1-1 of the Business and Tax Regulations Code.

1, 2026, licensees shall be subject to penalties for delinquent payment of license fees as provided in Article 2, Section 76.1 of the Business and Tax Regulations Code. For license periods beginning on or after April 1, 2026, licensees shall be subject to penalties and interest for delinquent payment of license fees as provided in Article 2, Section 76.1-1 of the Business and Tax Regulations Code.

(3) The fees for Roadway Shared Space Permits shall be authorized by the Transportation Code.

(b) Increased Renewal Fees Based On Additional Enforcement Activities. When there have been three or more verified complaints in the prior year regarding the Permittee’s compliance with the terms of the permit, the Core City Agency that issued the permit is authorized to develop and charge an additional fee to any Permittee seeking renewal of their permit. The fee shall be based on the additional time and materials spent by City staff in enforcing the terms of the permit.

(Added as Sec. 94A.11 by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered and amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; amended by Ord. 141-23, File No. 230312, App. 7/26/2023, Eff. 8/26/2023, Retro. 3/31/2023; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025; Ord. 117-25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025)

(Former Sec. 94A.10 added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered as Sec. 94A.9 by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(a) Report on Potential Sidewalk Extensions. Within one year of the effective date of the Ordinance contained in Board of Supervisors File No. 210284, Public Works shall, in consultation with MTA, provide to the Board of Supervisors a list of opportunity sites for block-scale sidewalk extensions on blocks with a moderate or high concentrations of Sidewalk or Curbside Shared Spaces, including recommendations for potential sidewalk extensions on commercial or mixed-use corridors with narrow sidewalks, even if there is not a moderate or high concentration of Sidewalk or Curbside Shared Spaces.

(b) Report on Impacts to Small Businesses Without Shared Spaces Permits. The Office of Economic and Workforce Development (“OEWD”) shall, in collaboration with the Office of Small Business (“OSB”), proactively reach out to owners of small businesses who have not been able to avail themselves of the benefits of the Shared Spaces Program, including businesses that rely on consumer vehicle loading and unloading. Within one year of the effective date of the Ordinance contained in Board of Supervisors File No. 210284, OEWD and OSB shall provide feedback to the Board of Supervisors regarding impacts to those businesses along with recommendations for how to mitigate any negative impact of the Shared Spaces Program on those businesses.

(c) Report on Impacts to Mechanical Street Sweeping. Within one year of the effective date of the Ordinance contained in Board of Supervisors File No. 210284, Public Works shall provide to the Board of Supervisors a report detailing the impact of the Shared Spaces program on mechanical street sweeping operations on every block where Public Works has engaged in regular mechanical street sweeping in the past 5 years, including blocks where mechanical street sweeping is no longer feasible because of conflicts with the Shared Spaces Program, and recommendations for how to accommodate any decrease in this core City service.

(Added by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(a) Conversion of Permits Issued During the COVID-19 Pandemic.

(1) Extension of pandemic Shared Spaces Program and Permits. Subject to the wind down provisions of the Mayor’s February 25, 2020 Proclamation Declaring the Existence of a Local Emergency and the 18th, and 27th Supplements to that Proclamation, the Core City Agencies shall operate the Shared Spaces program, and any temporary program allowing entertainment or the use of amplified music in outdoors (referred to as JustAdd-Music or JAM), authorized by the aforementioned Supplements to the Mayor’s Proclamation until March 31, 2023, unless the Shared Spaces program authorized by the Mayor’s Proclamation terminates sooner. Any occupancy permitted as a Shared Space under that authority may continue pursuant to the terms of the applicable permit (each a “pandemic Shared Spaces Permit”), subject to the revocation provisions of this Chapter 94A.

(2) At any time prior to the expiration of the pandemic Shared Spaces Permit, the Shared Spaces permittee may apply to convert their pandemic Shared Spaces Permit into a new Shared Spaces Permit as provided herein. Conversion of a pandemic Shared Spaces Permit shall follow the process set forth in this Section 94A.12, and any pandemic Shared Spaces Permit that is converted to a new Shared Spaces Permit under this Chapter 94A must comply with all of the terms of this Chapter 94A, including any approvals for the closure of the curbside or roadway. The pandemic Shared Spaces permit shall be converted upon the issuance of a new Shared Spaces Permit consistent with the requirements of Chapter 94A. In the event of a conflict between this Chapter 94A and the terms of a pandemic Shared Spaces Permit, the terms of this Chapter 94A shall prevail.

(3) Upon the expiration of any pandemic Shared Spaces Permit, the permittee shall remove all structures and restore the public right-of-way to the Public Works Director’s satisfaction. In the event the Mayor’s authorization of the Shared Spaces program expires before the Shared Spaces permittee has converted the pandemic Shared Spaces Permit into a new Shared Spaces Permit authorized by the terms of this Chapter 94A, if the proposed Permittee has submitted a complete application for a new Shared Spaces Permit prior to earlier of 60 days after the expiration of the Mayor’s emergency authorization of the Shared Spaces program or March 31, 2023, the Permittee shall be permitted to continue occupying the potential Shared Space for up to 180 days after expiration of the Mayor’s Proclamation, including any Supplements thereto, pending a final determination by the Core City Agencies on the proposed conversion of the pandemic Shared Spaces Permit into a new Shared Spaces Permit authorized by the terms of this Chapter 94A, provided that the Permittee diligently pursues such determination. If the Shared Spaces permit is not so converted, then the permittee shall remove all structures and restore the public right-of-way to the Public Works Director’s satisfaction.

(b) Conversion of Permits Issued Under the Parklets Program.

(1) Any curbside occupancy currently permitted by Public Works pursuant to Public Works Director’s Order No. 183392 and Public Works Code section 810B or Public Works Code section 793 may continue to occupy the right-of-way pursuant to the terms of the applicable permit, provided, however, that upon the expiration of the Parklet Permit, Public Works shall not approve any extensions of the permit.

(2) At any time prior to the expiration of the Parklet Permit, the Parklet Permittee may apply to convert their Parklet Permit into a Curbside Shared Spaces Permit authorized by the terms of this Chapter 94A. Conversion of a Parklet Permit into a Curbside Shared Space Permit shall follow the process set forth in this Section 94A.12, and any Parklet Permit that is converted to a Curbside Shared Space Permit must comply with all of the terms of this Chapter 94A, including any approvals for the closure of the curbside, provided that any Parklet Permittee shall not be subject to the notice requirements of Public Works Code 793.2(b). The Parklet Permit shall be converted upon the issuance of a Shared Space Permit. In the event of a conflict between this Chapter 94A and the terms of an existing Parklet Permit, the terms of this Chapter 94A shall prevail over any aspect of the Parklet program.

(3) In the event the Parklet Permit expires before the Permittee has converted the Parklet Permit into a Curbside Shared Space Permit authorized by the terms of this Chapter 94A, if the proposed Permittee has submitted a complete application for a Shared Space Permit prior to the expiration of the Parklet Permit, the Permittee shall be permitted to continue occupying the potential Shared Space pending a final determination by the Core City Agencies on the proposed conversion of the Permit, provided that the Permittee diligently pursues such determination. If the Parklet Permit is not converted into a Shared Space Permit authorized by the terms of this Chapter 94A, then the Parklet Permittee shall remove all structures and restore the public right-of-way to the Public Works Director’s satisfaction.

inal determination by the Core City Agencies on the proposed conversion of the Permit, provided that the Permittee diligently pursues such determination. If the Parklet Permit is not converted into a Shared Space Permit authorized by the terms of this Chapter 94A, then the Parklet Permittee shall remove all structures and restore the public right-of-way to the Public Works Director’s satisfaction.

(c) Temporary Fee Waiver and Deferral for Parklet and Pandemic Shared Space Permit Conversion. Notwithstanding the provisions regarding permit and license fee payment set forth in Section 94A.10(a)(2)(A), for any Parklet Permittee or pandemic Shared Spaces Permittee that seeks to convert to a Curbside Shared Space Permit: (i) the permit fees shall be due and payable on March 31, 2023, (ii) the initial annual license fees and the first subsequent annual license fees shall be waived, and (iii) the annual license fees thereafter shall be due and payable annually on March 31, in accordance with Article 2, Section 76.1 of the Business and Tax Regulations Code, beginning with the second March 31 following the date the Curbside Shared Space Permit is approved. Establishments that are considered a Formula Retail Use, as defined in Section 102 of the Planning Code, shall be ineligible for the temporary fee waiver and deferral set forth in this subsection (c). A Parklet Permittee or pandemic Shared Spaces Permittee that seeks to convert to a Curbside Shared Space Permit shall be eligible for the permit fee waivers set forth in Public Works Code Section 2.1.1(t).

(d) Enforcement of pandemic Shared Spaces Permits. The Core City Agencies shall not use administrative fines prior to April 1, 2023 to bring a pandemic Shared Space permittee into compliance with the requirements of the pandemic Shared Spaces permit, unless the violations pertain to: enforcing access requirements for emergency responder personnel, and people with disabilities, including but not limited to unobstructed access to the sidewalk, maintenance of an accessible route with diverters, accessible tables, the provision of an appropriate platform threshold and, when provided, ramps that meet accessibility requirements; ensuring visibility (daylighting) at intersections identified in the Vision Zero High-Injury Network; or requiring removal of abandoned structures.

(e) Expiration of Section. Unless reenacted, this Section 94A.12 shall expire by operation of law on January 1, 2024. Upon the expiration of this Section, the City Attorney shall cause this Section to be removed from the Administrative Code.

(Added by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021; amended by Ord. 51-22, File No. 211301, App. 3/31/2022, Eff. 5/1/2022; Ord. 26-23, File No. 230025, App. 2/23/2023, Eff. 3/26/2023; Ord. 67-23, File No. 230124, App. 4/27/2023, Eff. 5/28/2023; amended by Ord. 141-23, File No. 230312, App. 7/26/2023, Eff. 8/26/2023, Retro. 3/31/2023)