San Francisco County Municipal Code Ch. 94 The San Francisco Plaza Program

Sec. 94.1. Definitions. Sec. 94.2. Plaza Program. Sec. 94.3. Regulations for City Plazas. Sec. 94.4. Good Neighbor Policies. Sec. 94.5. Regulations for Street Plazas. Sec. 94.6. Fees. Sec. 94.7. Plazas Participating in the Plaza Program.

"Plaza" is City-owned land not under the jurisdiction of the Recreation and Parks Department: (a) where the public may gather and participate in commercial or non-commercial offerings, including, but not limited to, arts activities; entertainment; food, drink, and/or

other refreshment; retail sales; sports; and general recreation, (b) that is managed fully or partially by a Steward or permittee, and (c) that the Board of Supervisors has approved as a Plaza under the Plaza Program adoption process defined herein. "City Plaza" is a Plaza, as defined in this Section, that is not located on public right-of-way. In addition, City Plazas shall be zoned P (Public) with an Open Space (OS) height and bulk designation under the Planning Code unless the Board of Supervisors makes specific findings that an Open Space designation is not feasible for a particular City Plaza. "Street Plaza" is a Plaza, as defined in this Section, that is located on public right-of-way and subject to the permitting jurisdiction of the Department of Public Works ("DPW"). "Steward" is: (a) any educational, recreational or social agency, or any bona fide fraternal, charitable, or religious or benevolent or any other nonprofit organization or any public agency which organization or agency is exempt from taxation under the Internal Revenue laws of the United States as a bona fide fraternal, charitable, religious, benevolent, or nonprofit organization or a public agency with programs based in San Francisco, (b) an organization or agency with a strong, demonstrated connection to the neighborhood in which the Plaza is located, and (c) selected through the Plaza Program to activate and/or maintain a City Plaza under a Real Estate Division ("RED") license that the Board of Supervisors has approved. (Added by Ord. 79-14, File No. 140061, App. 6/13/2014, Eff. 7/13/2014)

(a) Establishment. There is hereby created a Plaza Program for the City and County of San Francisco. The Plaza Program shall be a joint effort of the Office of Economic and Workforce Development ("OEWD"), RED, DPW, and any successor agency(ies) or department(s). (b) Functions. The Plaza Program shall: (1) Coordinate principles and practices in Plazas designated under the Plaza Program with other public agencies operating similar public realm initiatives and projects in the City. (2) Be responsible for development and administration of program implementation, polices, and strategies. (3) Sustain strategic partnerships with community organizations, nonprofit organizations, and businesses that have a stake in approved Plazas and, more broadly, in supporting and enhancing these Plazas City-wide. (4) Establish financial sustainability opportunities to support the Plaza Program through the adoption of administrative fees. (5) Explore efforts to cross-subsidize approved program Plazas by leveraging revenue generated in Plazas that exceeds the cost of managing and operating that Plaza and directing a portion of these excess funds to support other Plazas that have a demonstrated funding need. (6) Seek Stewards for Plazas through a Steward identification process that utilizes existing City partnership efforts where possible and builds strong relationships with Stewards. (7) Network communication and coordinate efforts of the various Stewards within the Plaza Program. (8) Identify opportunities to streamline permitting for active uses of Plazas so that barriers to event permitting can be minimized. (9) Encourage Plaza Stewards and permittees to maximize events and activities that are free to the public. (10) Place jurisdiction of Plazas in either DPW or RED and consider recommendations of the Director of DPW and/or RED for Plaza inclusion in the Plaza Program under the respective jurisdiction of each department. (11) Present proposed Plazas, with DPW or RED Director recommendation concerning the proper jurisdictional department for the Plaza, to the Board of Supervisors for approval along with any necessary permits and authorizations including, but not limited to, Street Encroachment Permits, Street Vacation Ordinances, or licenses. (12) Collect Plaza participation data and user feedback, and use established criteria to evaluate Steward performance outcomes in various areas, including economic, activation, and community engagement. (13) Support development of long-term maintenance and activation partnerships as successful Plazas emerge through various City and private efforts. Some Plazas also may have parallel capital improvement processes which should be planned collaboratively with the Plaza Program. However, the affected City Departments should implement these capital funding efforts independently or in association with the Steward or permittee. (14) Strive to ensure that Plazas remain accessible to the public, to the maximum extent feasible, with a recognition that some small number of restricted access events may be helpful in supporting Plaza operations. (15) Support the City goal of continuing to be a national and international leader in public realm innovation. (c) Report. The Plaza Program will prepare an impact analysis report after the first two years of Plaza Program establishment and every five years thereafter. Said report(s) shall be submitted to the Board of Supervisors and available to the general public.

(Added by Ord. 79-14, File No. 140061, App. 6/13/2014, Eff. 7/13/2014)

(a) All City Plazas shall be administered by the Director of RED pursuant to the requirements, rules, and regulations set forth herein or in regulations that the Director of RED adopts. (b) Steward Identification Process. The Plaza Program shall issue requests for proposals ("RFP") to identify a Steward for each City Plaza. The Plaza Program shall accept the RFP submittals by a specified deadline, which in no case shall be less than three (3) months from the date of RFP release, and the RFP submittals shall include all required information and documents to be deemed responsive. (c) Upon issuance of any RFP, the Director of RED shall post the Plaza site with a notice of issuance of the RFP, mail notice of the request to property owners and tenants within a 300 foot radius of the exterior boundaries of the Plaza, place a similar request on the Department's website, and take other actions the Director deems advisable to notify the public about the RFP. The Director of RED also shall mail notice to all neighborhood organizations requesting such notice, including those on the Planning Department's neighborhood notification system. The Director of RED shall make reasonable efforts to keep the Plaza site notice visible and legible until the deadline for submitting the RFP. (1) Operational Requirements. Among other information required for submission as part of the RFP, the applicant shall specify the number of restricted access events, if any, that will be held annually, which number shall not exceed eight (8) single day events. Scheduling of any approved restricted access events shall be spread throughout the calendar year. Public access will not be restricted beyond any approved restricted access events as described in this Subsection. (2) Upon receipt of eligible proposal(s), the Director of RED shall post proposal(s) to the Department's website for public review within a reasonable time period, not to exceed fourteen (14) days, and the Department shall accept written public comments on said proposal(s) for no less than 30 days after the website posting of said proposal(s) and shall not make an award before the public comment deadline. In addition, the Director shall provide the same public notice as specified above in Section (c) to announce a local public forum to review the awarded proposal. (d) The following operational requirements shall apply to City Plazas and shall be posted in a prominent location in each City Plaza: (1) 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 City Plaza, except for which the City and County of San Francisco issues any required permit or other authorization. Notwithstanding the above provision, the sale or distribution of newspapers, periodicals, or other printed or otherwise expressive material is allowed subject to the applicable requirements of the Public Works Code. (2) Performance of Labor. No person, other than authorized City personnel, shall perform any labor, on or upon the Plaza, including, but not limited to, taking up or replacing soil, turf, ground, pavement, structures, trees, shrubs, plants, grass, flowers, or similar activities without prior permission from the Director of RED. (3) Camping Prohibited. The provisions of Park Code Section 3.12 concerning camping shall apply to the Plaza except that the RED shall administer these provisions. (4) No Unpermitted Structures. There shall be no stationing or erecting of any structure(s) on the Plaza without prior permission from the Director of RED. (5) No Smoking. Pursuant to the Municipal Code, smoking is prohibited on any unenclosed area of property in the City and County of San Francisco that is under the jurisdiction of any City department if the property is a park, square, garden, sport or playing field, pier, or other property used for recreational purposes, or as a farmers' market. Given the use of the subject areas as an outdoor public plaza, this prohibition on smoking shall apply to City Plazas. (6) Other Restrictions. (A) There shall be no skateboarding, bicycle riding, or pets off leash without prior permission from the Director of RED. (B) There shall be no littering, feeding of wildlife, or defacing of public property. (C) No alcohol is allowed to be consumed in City Plazas without prior permission from the Director of RED and all required City and State authorizations and permits. (D) General Advertising is prohibited. (e) Additional Requirements Adopted at Time of City Plaza Approval. Other regulations and requirements, including hours of operation, shall be adopted when each City Plaza is legislatively approved and incorporated into the Plaza Program. Such regulations and requirements shall be posted in a prominent location in each City Plaza. (f) License Terms. (1) The terms of operation, use, and maintenance of a City Plaza shall be specified in a RED license that is subject to approval of the Board of Supervisors. These terms shall include, but are not limited to, scope of permissible activities; daily, weekly, and/or monthly time periods authorized for such permissible activities and the scope of such activities and uses, the minimum number of yearly

programmed events; the permissible number of annual restricted access events, if any; Steward’s liability for and indemnity of the City with respect to the City Plazas, and the Steward's required insurance, all as approved by the City Risk Manager or any successor agency; the on-going community engagement plan; the strategies to engage with existing City programs; the authorized signage program; the delineation of maintenance responsibilities between the City and the Steward; the expiration date of the license; remedies for violating the license, including termination; and the payment of fees, including any administrative fees as set forth in Section 94.7 and any amounts that the Steward pays to RED in consideration of its City Plaza license. (2) The standard term of a City Plaza license shall be no longer than five (5) years; provided however, that in unique circumstances or in cases where the Steward installs significant improvements as part of the license, the Director of RED may recommend a longer term to the Board of Supervisors for its consideration. (3) The license shall require that the Steward submit a monthly calendar of events to the local District Police station, the Director of RED, and the Plaza Program thirty (30) days prior to the start of the subject month. (g) Exceptions to Operational Requirements and Terms of the License. (1) Exceptions to Operational Requirement. From time to time and due to unique circumstances, the Operational Requirements set forth above in Subsections (d) or (e) may not be appropriate for a particular event. In such cases, and after a duly noticed public hearing, the Director of RED may issue an exception to the requirements of Subsection (d) or (e) if he or she finds in his or her sole discretion that the public interest would be served by the grant of the exception. (2) Exceptions to License Terms. After written request from a Steward the Director of RED is authorized to issue non-material exceptions or other minor amendments to the terms of a City Plaza license as long as the Director of RED, in consultation with the City Attorney's Office, determines that such exceptions or amendments do not materially increase City's costs or obligations, decrease the benefit the City receives under the Steward's license for the City Plazas, and are reasonable within the purpose of the Plaza Program. The Director shall issues such exceptions in writing, retain the granted exceptions in a file available for public review, and shall post such correspondence on the Department's and Plaza Program's website. (h) Additional Permits Required for Certain Activities. Because certain activities may require additional permits or approvals from City or State agencies, boards, commissions, or departments, the Steward shall be solely responsible for obtaining all other permits or approvals that may be necessary for or related to activities at the City Plaza. The Director of RED, as necessary, may consult with the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT), to identify and coordinate streamlined permitting opportunities that may be available for certain activities on City Plazas. (i) Violation of Requirements and Regulations. (1) If any person has occupied a City Plaza in violation of the requirements and regulations, the Director of RED or his designee or agent shall immediately order the violator to vacate the occupied area or abate the violation. Should the violation not be corrected as ordered, the permittee or person shall be subject to enforcement pursuant to the Police Code. (2) The Plaza Program will establish administrative procedures concerning methods to process, address, respond to, and document any complaints concerning operation of a Plaza. If the Director of RED receives verified complaints concerning violations of the terms and conditions of the Steward's license within the initial six (6) month period of operation, the Director of RED shall conduct a public hearing on the Steward's conduct. After the initial six (6) month term, the Director of RED may extend the term to every twelve (12) months for the consideration of subsequent complaints and action thereon. Based on the information presented at the hearing, the Director may terminate, suspend, modify, or condition the license or take any other action the Director deems appropriate under the terms of the license in response to the Steward's conduct. (3) If the Plaza Steward conducts less than the minimum number of annual programmed events stipulated in the license, the Director of RED may terminate, suspend, modify or condition the license or take any other action the Director deems appropriate under the terms of the license in response to the Steward's conduct. (i) Regulations. The Board of Supervisors authorizes the Director of RED to adopt regulations as set forth in this Ordinance and any additional regulations that the he or she deems appropriate and necessary for the proper management and use of the City Plazas ("Regulations"). The Director of RED also is authorized to post signage setting forth the Regulations. Such Regulations shall be adopted after a public hearing and thereafter made available to any member of the public that requests such Regulations. (Added by Ord. 79-14, File No. 140061, App. 6/13/2014, Eff. 7/13/2014; amended by Ord. 118-21, File No. 210566, App. 8/4/2021, Eff. 9/4/2021)

(a) The Steward for a City Plaza shall manage the Plaza in accordance with the following good neighbor policies during the times of use as set forth in the Plaza license: (1) The quiet, safety, and cleanliness of the Plaza and its adjacent area shall be maintained; (2) Proper and adequate storage and disposal of debris and garbage shall be provided; (3) Noise and odors, unless otherwise permitted, shall be contained within immediate area of the Plaza so as not to be a nuisance to neighbors;

(4) Notices shall be prominently displayed during events that urge patrons to leave the Plaza premises and neighborhood in a quiet, peaceful, and orderly fashion and to please not litter or block driveways in the neighborhood. Such notices shall be removed after each event; and, (5) The Steward or its employees or volunteers shall walk a 100-foot radius from the Plaza some time within thirty (30) minutes after the daily use period as set forth in the license and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. (b) Exceptions. After written request from a Steward, the Director of RED is authorized to issue non-material exceptions or other minor amendments to the Good Neighbor Policies. The Director of RED shall issues such exceptions in writing, retain the granted exceptions in a file available for public review, and shall post such correspondence on the Department's and Plaza Program's website. (Added by Ord. 79-14, File No. 140061, App. 6/13/2014, Eff. 7/13/2014)

The regulations for Street Plazas are set forth in Public Works Code Section 792. (Added by Ord. 79-14, File No. 140061, App. 6/13/2014, Eff. 7/13/2014)

(a) The Plaza Program shall charge an administrative fee to Stewards or permittees for Plazas. Such fee shall be based on actual costs that the Plaza Program incurs in administering and processing the action or procedure. The Plaza Program shall provide the applicant with a written estimate of said costs at the time of application, and the applicant shall pay such fees prior to the time that the application is deemed complete. To the extent that the estimated fees do not cover actual costs, any outstanding amount due shall be a condition of the City's final decision on the action or procedure. To the extent that the estimated fees exceed the actual costs, the Plaza Program shall refund the excess amount to the applicant within a reasonable period after the City's final decision on the action or procedure. (b) The administrative fee identified in Subsection (a) shall be sufficient to recover actual costs that the Plaza Program incurs and shall be charged on a time and materials basis. The Plaza Program also may charge for any time and materials costs that other agencies, boards, commissions, or departments of the City, including the City Attorney's Office, incur in connection with the processing or administration of a particular application, action, or procedure unless such costs are fully included as part of an existing permit fee. (c) Payment of said fee shall be a condition of any permit, license, or other approval to establish and/or operate a Plaza. (d) Additional administrative fees may be charged for subsequent Plaza Program staff consultation with Stewards or permittees in accordance with the fee requirements specified above. Said fees shall be paid on a monthly, quarterly, or annual basis, as specified in a written fee request from the Plaza Program. (Added by Ord. 79-14, File No. 140061, App. 6/13/2014, Eff. 7/13/2014)

(a) [Intentionally left blank.] (Added by Ord. 79-14, File No. 140061, App. 6/13/2014, Eff. 7/13/2014)