San Francisco County Municipal Code Art. 14 Underground Pipes, Wires and Conduits

Sec. 670. Privilege Granted For Laying Pipes. Sec. 671. Privileges Subject to All Rules of Department. Sec. 674. Street Lighting—Bids Required. Sec. 675. Privilege Limited to Underground Work. Sec. 676. No Value Attached to Privilege. Sec. 677. Privilege Not Transferable. Sec. 678. Right of Amendment or Repeal—Protection of Rights. Sec. 679. Consent Required of Privilege Holders. Sec. 680. Failure to Comply With Terms-Forfeiture.

SEC. 670. PRIVILEGE GRANTED FOR LAYING PIPES. The privilege is hereby granted to any person, firm or corporation, organized under the laws of the State of California, to lay down, maintain and operate in the public streets and thoroughfares of the City and County of San Francisco, pipes, wires and conduits, and connections therewith, so far as may be necessary for introducing into and supplying said city and its inhabitants with gas and electricity for lighting, heating and power purposes, upon the terms and conditions set forth in Section 671 to 680, inclusive, of this Article. SEC. 671. PRIVILEGES SUBJECT TO ALL RULES OF DEPARTMENT. The privileges hereby granted are subject to the provisions of all ordinances of the Board of Supervisors of said City and County and all regulations of the Department of Public Works relating to the opening of streets, and the grantees hereunder in accepting said privileges expressly consent to regulation by such ordinances and rules now in effect or which may hereafter be adopted. SEC. 674. STREET LIGHTING-BIDS REQUIRED.

Whenever the Board of Supervisors shall advertise for bids for street lighting or for other service to the municipal government within the purview of this Article, all persons, firms or corporations exercising privileges granted hereunder within 300 feet of the location for which such service is sought shall submit bids for furnishing such service. SEC. 675. PRIVILEGE LIMITED TO UNDERGROUND WORK. The privileges herein conferred are limited to the laying of underground pipes, wires, conduits and service connections, and nothing herein contained shall be construed as conferring upon the grantee the right to erect poles or wires or in any way maintain overhead construction. All pipes or conduits shall be laid in accordance with the rules and regulations of the Department of Public Works now in effect or which may hereafter be adopted. SEC. 676. NO VALUE ATTACHED TO PRIVILEGE. In the event that the City and County of San Francisco shall elect at any time to take over and operate as a public utility the business of supplying gas or electricity for heating, lighting, power and other purposes to its inhabitants, and should acquire by condemnation proceedings, or otherwise, the plant and distributing system of any grantee hereunder, no value whatever shall be attached, in said proceedings, to the rights and privileges conferred by this Article, nor shall any value be attached thereto at any time for rate fixing purposes. SEC. 677. PRIVILEGE NOT TRANSFERABLE. The rights and privileges granted by this Article shall not be transferred except by and with the consent of the Board of Supervisors. SEC. 678. RIGHT OF AMENDMENT OR REPEAL-PROTECTION OF RIGHTS. The Board of Supervisors expressly reserves the right to amend or repeal this Article, provided that rights which may have vested hereunder prior to said repeal or amendment through the actual installation of pipes, wires and conduits shall not be affected by such repeal or amendment. Provided, further, however, that the Board of Supervisors may, by general ordinance, compel the removal of all pipes and conduits used for any of the purposes herein set forth, from the roadways of the streets, and their replacement beneath sidewalk areas. SEC. 679. CONSENT REQUIRED OF PRIVILEGE HOLDERS. Any person, firm or corporation electing to exercise the privileges herein granted, shall, prior to said exercise, file with the Clerk of the Board of Supervisors a written notification that they have accepted the terms of this Article and elect to proceed hereunder. SEC. 680. FAILURE TO COMPLY WITH TERMS-FORFEITURE. If any person, firm or corporation exercising the privilege or privileges granted by this Article shall fail to fully and faithfully carry out all and any terms or conditions herein imposed upon the exercise of such grant, all such privileges shall thereupon, as to such person, firm or corporation, be terminated and forfeited and the Board of Supervisors may, by resolution, direct the removal of any or all works of such person, firm or corporation installed under authority of this Article. ARTICLE 15:

MISCELLANEOUS Sec. 703. Concrete Sidewalks. Sec. 703.1. Brick, Quarry-Tile or Exposed Concrete Aggregate Sidewalk Surfaces. Sec. 703.2. Replacement, Repair and Maintenance of Existing Sidewalk Surfaces With Same Kind of Materials, Etc. Sec. 704. Asphalt Sidewalks. Sec. 705. Wooden Sidewalks or Stairways. Sec. 706. Owners of Frontage Responsible For Repair – Liability for Unsafe Conditions. Sec. 706.1. Notice to Owner. Sec. 706.2. Contents of Notice. Sec. 706.3. Director of Public Works to Repair if Owner Fails To Do So. Sec. 706.4. Notice of Cost and Claim of Lien. Sec. 706.5. Recording of Lien. Sec. 706.6. Collection by Bureau of Delinquent Revenue. Sec. 706.7. Release of Lien. Sec. 706.8. Revolving Fund. Sec. 706.9 Alternate Method of Enforcement and Collection of Lien. Sec. 706.10. Pier 70 Lessees Responsible for Sidewalk Maintenance and Liability. Sec. 707. Award of Contract For Construction, Repair and Replacement of Sidewalks, Etc. Sec. 708. Sidewalk Improvement – Permit Required. Sec. 708.1. Sidewalk Improvement Unlawful Without Permit. Sec. 708.2. Permit For Construction, Repair, or Replacement of Sidewalks – Inspection Fee. Sec. 709. Emergency Orders; Accepted and Unaccepted Public Right-of-Way. Sec. 710. Excavations – Replacement of Sockets. Sec. 715. Construction Requirements – Automobile Runways. Sec. 716. Permit Required – Fee. Sec. 717. Permit Only to Owner – Restoration. Sec. 718. Existing Runways. Sec. 719. Runway Reconstruction. Sec. 720. Side Sewer, Side Sewer Trap and House Sewer Alteration. Sec. 723. Obstruction of and Encroachment upon Public Right-of-Way Prohibited. Sec. 723.1. Neighborhood Amenity (Love Our Neighborhoods) Projects. Sec. 723.2. Minor Encroachments. Sec. 723.3. Unpermitted Subsidewalk Encroachment into the Public Right-of-Way along the Central Subway Corridor. Sec. 723.5. Testing Emerging Technology Devices on Public Right-of-Ways – Permit Required. Sec. 724. Temporary Occupancy of Street – Permits Required. Sec. 724.1. Temporary Occupancy of Street – Fees to be Paid. Sec. 724.2. Temporary Occupancy of Street – Permittee to Repair Defects. Sec. 724.3. Placards and Signs. Sec. 724.4. Construction and Demolition Sites; Departmental Orders and Regulations. Sec. 724.5. Exceeding Permissible Use or Occupation Without Permission – Penalty Fee and Criminal Penalty. Sec. 724.6. Unpaid Fees and Failure to Restore Pavement; Wilful Noncompliance. Sec. 724.7. Temporary Occupancy of Street – Additional Permit Required. Sec. 724.8. Assessment Costs for Additional Street Space. Sec. 724.9. Temporary Occupancy of Street – Permittee to Defend and Indemnify City and County. Sec. 725. Debris Box Defined. Sec. 725.1. Authorized Uses. Sec. 725.2. Authorization Required for Placement. Sec. 725.3. Removal of Debris Boxes From Public Right of Way. Sec. 725.5. Placement of Boxes. Sec. 725.6. Reflectors and Striping. Sec. 725.7. Identification of Owner.

Sec. 725.8. Covers Required for Transporting. Sec. 725.9. Penalties. Sec. 725.10. Removal of Debris Boxes. Sec. 725.11. Rules and Regulations. Sec. 725.12. Severability. Sec. 726. Mobile Storage Containers on Public Right-of-Way – Permits Required. Sec. 726.1. Siting of The Mobile Storage Container. Sec. 726.2. Individual Location Permit Signs to Be Posted on Containers. Sec. 726.3. Annual Permittee Deposit. Sec. 726.5. Insurance Requirements for Annual Permit Holder. Sec. 726.6. Additional Requirements. Sec. 726.7. Orders and Regulations. Sec. 726.8. Severability. Sec. 727. Drifting or Blowing of Sand or Dirt Declared to be a Public Nuisance. Sec. 735. Blighted Vacant Lots as Constituting Public Nuisance. Sec. 759. Transportation of Sand Over Public Streets Prohibited. Sec. 760. Permit Required – Revocation. Sec. 771. Draining, Etc., Oil, Greases, Etc., On Streets. Sec. 776. Blasting – Permit Required. Sec. 777. Blasting – Application For Permit. Sec. 778. Blasting – Fee to be Paid; Insurance to be Carried. Sec. 779. Blasting – Use of Explosives. Sec. 780. Blasting – Money Deposited to Defray Inspection Costs. Sec. 783. Property Below Grade – Barriers Required. Sec. 784. Lights and Barriers in Streets When Required. Sec. 786. Street (Major) Encroachment Permit. Sec. 786.1. Content of Applications. Sec. 786.2. Reports. Sec. 786.3. Schedule of Hearings. Sec. 786.4. Notice of Hearing. Sec. 786.5. Conduct of Hearings. Sec. 786.6. Recommendation. Sec. 786.7. Public Right-of-Way Occupancy Assessment Fee for Street Encroachments. Sec. 786.8. Maintenance Endowment for Street Encroachment Permits Where the Permittee Is Not the Owner of Adjacent Property. Sec. 786.9. Permits for City Departments, Other Governmental Entities, Tier 3 Love Our Neighborhoods Projects, and Temporary Encroachments. Sec. 787. Street Vacations. Sec. 789. Title. Sec. 789.1. Purpose and Intent. Sec. 789.2. Requirements for Commemoration by Designation or Commemorative Street Plaque Installation. Sec. 789.4. Approval of Commemorative Street Plaque Installation by Board of Supervisors. Sec. 789.5. Engineering, Installation, Safety, and Siting; Design Requirements and Guidelines. Sec. 789.6. Official and Commemorative Maps. Sec. 789.7. Fees. Sec. 790. Slip Resistant Manhole, Vault, and Sub-Sidewalk Basement Covers, Grilles, Grates, or Other Lids on the Public Sidewalk. Sec. 791. Public Improvements Gift Acceptance and Public Dedication. Sec. 792. Street Plazas. Sec. 793. The Places for People Program – People Places in the Public Right-of-Way. Sec. 793.1. Purpose and Scope; Definitions. Sec. 793.2. Permit Approval Process Applicable to Curbside and Sidewalk Shared Spaces. Sec. 793.3. Operational Requirements; Exceptions. Sec. 793.4. Violation of Permit Conditions, Operational Requirements, or Administrative Regulations; Enforcement Actions and Penalties. Sec. 793.5. Financial Records.

Sec. 794. Autonomous Delivery Devices on Sidewalks – Permit Required. Sec. 795. Greater Downtown Activation Permits. Sec. 796. Exception for Minor Encroachments Regulated by the Port of San Francisco at Certain Projects on Port Property.

SEC. 701. REPEALED. (Added by Ord. 312-88, App. 7/8/88; Repealed by Ord. 287-08, File No. 081340, App. 12/5/2008) SEC. 703. CONCRETE SIDEWALKS. Except where special permits are issued as specified in Section 703.1, 704, and 705, sidewalk supported on the ground in any public street or other public way as defined in Section 185 of this Code, shall be of concrete. The concrete sidewalk shall be at least 3½" inches thick with a non-skid cement mortar finishing coat at least ½ inch thick, except that the finishing coat on terrazzo sidewalks shall be at least of one inch thick and shall contain an abrasive aggregate mixed into the finish coat for its entire thickness in the proportion by weight of two parts of abrasive aggregate to three parts of other aggregate. All sidewalks shall be placed in accordance with specifications and rules which the Director of Public Works is hereby authorized to prepare in conformity herewith and as required for public convenience and safety, such specifications and rules to apply to the quality and proportions of the required materials, the method of construction, and the type of finish. The finished surface of the sidewalk shall rise 1/5 inch per foot from curb grade to the property line unless a deviation therefrom is approved by order of the Director of Public Works. Sidewalk topping and wearing surface, when poured monolithic with the slab, may be included as a structural part of the slab, but the overall thickness shall not be less than 3½" inches. Sidewalks when unsupported by ground or constructed over excavated areas shall be constructed in accordance with Section 4301 of Article 43 of the Building Code of the City and County of San Francisco. (Amended by Ord. 137-66, App. 6/14/66)

SIDEWALK SURFACES. The Director of Public Works is hereby authorized to grant revocable permits to owners of fronting property or their duly authorized agents to construct sidewalk surfaces of brick, quarry-tile, exposed concrete aggregate, or other commonly-used sidewalk paving material as approved by the Department of Public Works. All sidewalks shall be placed in accordance with specifications and rules which the Director of Public Works is hereby authorized to prepare in conformity herewith and as required for public convenience and safety, such specifications and rules to apply to the quality and proportions of the required materials, the method of construction, and the type of finish. The finished surface of the sidewalk shall rise 1/5 inch per foot from curb grade to the property line unless a deviation therefrom is approved by order of this special permit. The Director of Public Works is hereby authorized to order the owner of the fronting property to remove the brick, quarry-tile, or exposed concrete aggregate sidewalk surfaces and to construct a concrete sidewalk in accordance with the provisions of Section 703 hereof, when in the judgment of said Director public interest and convenience require such removal and reconstruction. The order shall specify the time within which the work is to be completed, and also the time within which the owner must declare, in writing to the Director, his intention to do the work. The Director, upon receiving written notice of the intention to comply by the owner, or his authorized agent, may if requested by the owner, grant a reasonable extension of the time specified in the order for the completion of the work. (Added by Ord. 137-66, App. 6/14/66; Ord. 310-10, File No. 101194, App. 12/16/2010)

SURFACES WITH SAME KIND OF MATERIALS, ETC. Any person, firm or corporation who removes or repairs, or causes or permits to be removed or repaired any existing sidewalk surface,

or any portion thereof, for any purpose whatever, shall replace or repair or cause to be replaced or repaired the sidewalk surface so removed or repaired, with the same kind of materials, design and texture, and with equivalent workmanship, to match the existing sidewalk surface, unless an exception therefrom is ordered or approved by the Director of Public Works. (Amended by Ord. 319-73, App. 8/10/73) SEC. 704. ASPHALT SIDEWALKS. Temporary asphaltic concrete sidewalks may be constructed in industrial areas or fronting unimproved property; provided, however, that no such sidewalks shall be constructed prior to permission having been granted by the Director of Public Works. The Director of Public Works is hereby authorized to grant such permits to owners of fronting property or their duly authorized agents when in his judgment public interest and convenience require the construction of an asphaltic concrete sidewalk. Asphaltic concrete sidewalks shall be at least five inches in thickness and shall consist of a crushed rock base at least three inches in thickness, and an asphaltic concrete wearing surface at least two inches in thickness. The materials used and the method of construction shall be in accordance with specifications which the Director of Public Works is hereby authorized to prepare in conformity herewith, and as required for public convenience and safety, such specifications and rules to apply to the quality and proportions of the required materials, and the method of application. The finished surface of the sidewalk shall have a uniform, nonskid texture and shall rise 1/5 inch per foot from curb grade to property line. The Director of Public Works is hereby authorized to order the owner of the fronting property to remove a temporary asphaltic concrete sidewalk and to construct a cement concrete sidewalk in accordance with the provisions of Section 703 hereof, when in the judgment of said Director public interest and convenience require such removal and reconstruction. The order shall specify the time within which the work is to be completed, and also the time within which the owner must declare, in writing to the Director, his intention to do the work. The Director, upon receiving written notice of the intention to comply by the owner, or his authorized agent, may if requested by the owner, grant a reasonable extension of the time specified in the order for the completion of the work. SEC. 705. WOODEN SIDEWALKS OR STAIRWAYS. Temporary wooden sidewalks or stairways in sidewalk areas may be constructed in hilly areas or unimproved streets; provided, however, that no such wooden sidewalks shall be constructed prior to permission having been granted by the Director of Public Works. The Director of Public Works is hereby authorized to grant such permits to owners of fronting property or their duly authorized agents when in his judgment public interest and convenience require the construction of a wooden sidewalk or stairway. Every person, firm or corporation owning any real property, fronting on any street where wooden sidewalks now are, or hereafter may be laid, must drive down, or cause to be driven down, and at all times keep, or cause to be kept driven down, even with the upper surface of such sidewalks, in front of such real property, all nails and spikes used in such wooden sidewalks. The Director of Public Works is hereby authorized to order the owner of the fronting property to remove the temporary sidewalk or stairway and to construct a concrete sidewalk in accordance with the provisions of Section 703 hereof, when in the judgment of said Director, public interest and convenience require such removal and construction. The order shall specify the time within which the work is to be completed, and also the time within which the owner must declare, in writing to the Director, his intention to do the work. The Director, upon receiving written notice of the intention to comply by the owner, or his authorized agent, may if requested by the owner, grant a reasonable extension of the time specified in the order for the completion of the work. SEC. 706. OWNERS OF FRONTAGE RESPONSIBLE FOR REPAIR – LIABILITY FOR UNSAFE CONDITIONS. (a) It shall be the duty of the owners of lots or portions of lots immediately adjacent to any portion of a public street, avenue, alley, lane, court, or place to maintain the sidewalks and sidewalk area, including any parking strip, parkway, automobile runway, and curb, fronting or adjacent to their property in good repair and condition. This duty shall include removal of any unpermitted structure, including but not limited to unpermitted public pay telephones installed in the sidewalk adjacent to the property. Any person who suffers injury or property damage as a legal result of the failure of the owner to so maintain the sidewalks and sidewalk areas shall have a cause of action for such injury or property damage against such property owner. The City and County of San Francisco shall have a cause of action for indemnity against such property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any

claim that results from injury to persons or property as a legal result of the failure of the owner to maintain the sidewalks and sidewalk areas in accordance with this subsection (a). Failure of the owner to maintain the sidewalks and sidewalk areas as set forth in this subsection (a) also shall constitute a public nuisance. For the purposes of the Port of San Francisco property within the Pier 70 Special Use District, the definition of the term “owner” as used in Sections 706 through 706.9 is set forth in Section 706.10. (b) Sidewalk Revitalization Program. A property owner may elect to participate in the City’s sidewalk revitalization program for fiscal year 2006-07 or any year thereafter during which the program is renewed by providing written authorization to the Department to undertake repairs to the sidewalk fronting the subject property. If the property owner elects to participate in this program, the Department shall waive all permit and inspection fees related to the sidewalk repair. (c) Street Trees. Consistent with Charter Section 16.129, and notwithstanding subsection (a), as of July 1, 2017, property owners do not have a duty to maintain street trees or portions of the public right-of-way impacted by street trees’ growth or root system, except as set forth in Article 16 of this Code. As stated in Article 16, a property owner may be held liable for injury or property damage occurring before July 1, 2017, and proximately caused by the failure to maintain street trees or a portion of the public right-of-way impacted by street trees’ growth or root system. Except as set forth in Article 16, a property owner shall not be held liable for injury or property damage occurring on or after July 1, 2017 and proximately caused by the failure to maintain street trees or a portion of the public right- of-way impacted by street trees’ growth or root system. (Amended by Ord. 398-91, App. 11/11/91; Ord. 287-92, App. 9/16/92; Ord. 12-07, File No. 061606, App. 2/2/2007; Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018; Ord. 66-24, File No. 240087, App. 4/4/2024, Eff. 5/5/2024)

When any portion of a sidewalk is not in good repair and condition and the Director of Public Works has knowledge thereof, it shall be his duty to notify the owner of the property immediately adjacent thereto, to repair the same. Such notice shall be written and may be given by delivery personally or by mailing of notice, either by letter or postal card, postage prepaid, to his last known address, as the same appears on the last assessment rolls of the City and County of San Francisco. Immediately after mailing any such notice, the Director of Public Works shall cause a copy thereof, printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on said property.

Such notice shall direct the owner to repair such sidewalk, shall specify what work is required to be done, how the same is to be done, and what materials shall be used in such repair, and shall further specify that, if such repair is not commenced within 30 days after notice is given as aforesaid and prosecuted to completion diligently and without interruption, the Director of Public Works shall cause such repair to be made and the cost of the same shall be a lien on such property. (Amended by Ord. 73-70, App. 3/19/70)

If said repair is not commenced and prosecuted to completion with due diligence, as required by said notice, the Director of Public Works shall repair said sidewalk. The cost of such repair shall be an obligation to the City and County owing by the owner of the adjacent property, and the City and County shall have a lien of the adjacent property in all respects as though notice had been given. Both such obligation and lien shall be subject to the provisions of Sections 706.4, 706.5, 706.6, 706.7 and 706.8 of this Article. (Amended by Ord. 342-98, App. 11/13/98)

(a) Upon the completion of such repair, the Director of Public Works shall ascertain the cost thereof, apportioning the same, if the area so repaired is next adjacent to more than one lot of land. The owner of such lot of land shall thereupon be obligated to the City and County of San Francisco in the amount of such cost of repair and the City and County shall thereupon have a lien for such cost of repair upon any such lot of land until payment thereof which lien shall also include the cost of verification and filing thereof. On ascertaining the cost of repair as aforesaid the Director of Public Works shall cause notice thereof to be mailed in the manner herein provided for mailing notice to repair, which notice shall demand payment thereof to the Director of Public Works, shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth. (b) Said notice also shall state that the property owner(s) identified as the responsible party(ies) may request an administrative review of the Director's determination as to the responsible property owner(s) and the allocation of cost for remediation. This request must be in writing and filed within 10 calendar days of the date of the Director's notice. If no request for administrative review is filed, the Director's determination shall be final. (c) If administrative review is requested, the Director shall appoint a hearing officer and schedule a hearing within 10 calendar days of the filing of the request for administrative review. The Director shall notify the party(ies) to the review hearing of the time and date of said hearing. Recording of the lien against the affected owner's property pursuant to Section 706.5 shall be held in abeyance until the Director has acted upon the hearing officer's decision. (d) The administrative review hearing is a public hearing and shall be tape recorded. Any party to the hearing may cause, at his or her

own expense, the hearing to be recorded by a certified court reporter. During the hearing, evidence and testimony may be presented to the hearing officer. Parties to the hearing may be represented by counsel and have the right to cross-examine witnesses. All testimony shall be given under oath. Written decisions and findings shall be rendered by the hearing officer within 10 calendar days of the hearing. Copies of the findings and decisions shall be served upon the parties to the hearing by certified mail. A notice that a copy of the findings and decisions is available for inspection between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday shall be posted at the offices of the Department of Public Works. (e) The decision of the hearing officer shall be a recommendation to the Director and the Director, within five days of receipt of such decision, shall adopt, modify, or deny such decision. The Director's determination on the hearing officer's decision is final. Such determination shall be served upon the parties to the hearing and posted in the same manner as the hearing officer's decision as set forth in Subsection (d). (Amended by Ord. 342-98, App. 11/13/98)

If the cost of repair so specified as to sidewalk area next adjacent to any lot is not paid to the Director of Public Works within 90 days after the mailing of notice thereof, the Director shall file in the office of the Recorder of the City and County a verified claim containing a particular description of the property subject to such lien, the place and general nature of sidewalk repair for which lien is claimed, the dates of mailing or delivery of notice to repair and of cost of repair, the name of the owner of the property as aforesaid and the amount of the lien claimed, which shall include the cost of verification and filing thereof.

The Director of Public Works shall also transmit to the Bureau of Delinquent Revenue, on the expiration of such 90-day period, a statement of each such unpaid cost of repair, together with the cost of verification and filing of claim therefor. The bureau shall endeavor diligently to collect the same on behalf of the City and County by foreclosure of the lien therefor or otherwise. Any and all amounts paid or collected shall replenish the revolving fund hereinafter provided.

On payment of any such claim of lien, the Director of Public Works shall give a release thereof on demand and payment of the verification thereof.

A fund shall be provided to cover initially the cost of making sidewalk repairs as provided in Section 706.3 hereof, making repairs in unaccepted public right-of-way as provided in Article 9, Section 400, and of verification and recording of liens therefor, said fund to be a revolving fund and replenished by appropriation and by all moneys paid or collected for sidewalk repairs and repairs in unaccepted public right-of-way and liens therefor as herein provided. (Amended by Ord. 342-98, App. 11/13/98)

As an alternative to the lien procedure described in Sections 706.4 through 706.8 et seq. of this Article, the Director of Public Works may initiate special assessment lien proceedings in accordance with Administrative Code Chapter 80, Section 80.8(d), whereby the City's expense of repairing, constructing or replacing a sidewalk, driveway, curb or gutter, as confirmed by the Board of Supervisors, shall constitute a special assessment against the parcel or parcels of land fronting such sidewalk, driveway, curb or gutter. (Added by Ord. 338-73, App. 8/23/73; amended by Ord. 12-07, File No. 061606, App. 2/2/2007; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) Editor's Note: Formerly Sec. 707.1; amended and renumbered by Ord. 77-11, Eff. 6/11/2011.

(a) In the Pier 70 Special Use District established by Planning Code Section 249.79, the term “owner” as used in Sections 706 through 706.9 shall mean, as applicable, either: (i) the fee owner of lots or portions of lots immediately adjacent to any portion of a public street, avenue, alley, lane, court, or place to maintain the sidewalks and sidewalk area, including any parking strip, parkway, automobile runway, and curb, fronting or adjacent to their property (as applicable, the “Pier 70 Adjacent Lot(s)”); or (ii) the lessee of a Pier 70 Adjacent Lot under a Pier 70 Long-Term Lease during the term of the applicable Pier 70 Long-Term Lease. For purposes of Section 706.10(a), the term “Pier 70 Long-Term Lease” shall mean a recorded lease between the Port of San Francisco as lessor and the applicable lessee that has a lease term of 35 years or more, including any Pier 70 Long-Term Lease with a lease term of 35 years or more that began prior to the effective date of the ordinance in Clerk of the Board of Supervisors File No. 240087. During the term of the applicable Pier 70 Long-Term Lease for any Pier 70 Adjacent Lot, the Port of San Francisco shall not be characterized as the fee owner

under this Section 706.10. (b) The Directors of the Port of San Francisco and Department of Public Works shall establish procedures to implement this Section 706.10. (Added by Ord. 66-24, File No. 240087, App. 4/4/2024, Eff. 5/5/2024) SEC. 707. AWARD OF CONTRACT FOR CONSTRUCTION, REPAIR AND REPLACEMENT OF SIDEWALKS, ETC. The Director of Public Works is authorized to invite annual bids in the manner provided in the Administrative Code, and to award a contract effective the first day of July of each year on a unit cost basis for the construction, repair and replacement of sidewalks, driveways, curbs, and gutters where the obligation to perform such construction, repair or replacement is that of the property owner. In addition to insuring the City and County, its officers and employees in their capacities as such as required by the Standard Specifications of the Bureau of Engineering, the contractor shall also name as additional insured the owners of property who are jointly responsible for sidewalk repair, but such insurance shall apply only as respects operations performed by the contractor in connection with this Section. Such owner may request the Director of Public Works to issue a work order to the contractor to do the work for the account of the owner. Such contract shall provide that the contractor shall, on receipt of a work order from the Director of Public Works, repair, construct or replace the sidewalk, curb, or gutter for the account of said owner at the unit prices bid, and shall bill the owner for the cost thereof. Should the owner fail to pay the contractor the amount of said bill within 30 days, the contractor shall give written notice of said failure to the Director of Public Works who, upon determining that the work has been satisfactorily performed, shall cause payment to be made to the contractor from a revolving fund, which shall consist of such monies as may be appropriated for these purposes, and cause a lien to be placed upon the owner's property in the amount of said payment as provided in Sections 706.4, 706.5, 706.6, and 706.7 of this Article, and the amount of said payment shall constitute a lien against said property which shall be enforced, collected, and released as provided in said Sections. The Director of Public Works shall make quarterly reports to the Board of Supervisors showing a general accounting of the aforementioned revolving fund. The necessary funds shall be appropriated annually for the preparation of contracts, taking of bids and entering into contracts. Each such contract shall provide that the Director of Public Works shall have the power to prescribe the procedures to be followed and specify the forms to be used for the reports to be rendered in the administration of the work to be performed thereunder. Each such contract shall provide that the contractor shall deposit with the Director of Public Works a sum sufficient to defray costs of inspections by City inspectors on each job for which a work order is issued, calculated as follows: a minimum of $10 for the first 100 square feet, or fraction thereof, of sidewalk, driveway, curb or gutter construction, repair or replacement, and $5 for each additional 100 square feet or fraction thereof. (Added by Ord. 391-81, App. 7/3/81)

(Added by Ord. 338-73, App. 8/23/73; amended by Ord. 12-07, File No. 061606, App. 2/2/2007; amended and renumbered as Sec. 706.9 by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 708. SIDEWALK IMPROVEMENT – PERMIT REQUIRED. Before constructing, repairing, or replacing the sidewalk in front of a lot or lots adjacent to a public street, avenue, alley, lane, court, or place, the owner of said lot or lots shall obtain a permit therefor from the Department of Public Works as provided in Section 708.1, except for that work covered by Section 707 of this Code, or unless the Director of Public Works decides that no permit is needed. (Added by Ord. 38-66, App. 2/24/66)

It shall be unlawful for any person, firm, or corporation to construct, repair, or replace any sidewalk within the City and County of San Francisco, without first obtaining a permit therefor from the Department of Public Works unless the Director of Public Works decides that no permit is needed, or the work is covered by Section 707 of this Code. (Added by Ord. 38-66, App. 2/24/66)

Every applicant for such a permit shall pay the said Department, as an inspection fee, a sum of $15 for every 100 square feet or fraction thereof, of sidewalk construction, repair or replacement. No fees shall be required for a permit to repair or replace 10 square feet or less of sidewalk.

(Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/26/87; Ord. 255-92, App. 8/7/92) SEC. 709. EMERGENCY ORDERS; ACCEPTED AND UNACCEPTED PUBLIC RIGHT-OF- WAY. (a) If, in the judgment of the Director, the condition of an accepted or unaccepted public right-of-way within the jurisdiction of the Department of Public Works constitutes a public emergency or other imminent threat to the public health, safety, or welfare that requires immediate action, the Director, by written, telephonic or facsimile communication, may order the responsible property owner(s) to remedy the condition in such a manner as the Director deems expedient and appropriate subject to the limitations set forth in this Article or Article 9. (b) If the responsible property owner(s) notified pursuant to Subsection (a) is inaccessible or fails, neglects, or refuses to diligently prosecute to completion the remedial work in the manner and time period specified by the Director, then the Director may undertake all necessary actions to remedy the condition. All costs expended by the Director shall be an obligation of the responsible property owner(s) owing to the City and County of San Francisco. Such costs shall include, but are not limited to, those costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Director or other agencies, boards, commissions, or departments of the City and County of San Francisco that were made necessary by reason of the Director's remediation. (c) In order to enforce an obligation imposed pursuant to Subsection (b), the Director is authorized to institute the lien procedures that are set forth in Sections 706.4 through 707.1. (d) In the event of an emergency, the Director shall cooperate to the extent practicable with other City and County agencies, boards, commissions, or departments with jurisdiction over affected fixtures, improvements, property, or structures across, adjacent to, along, beneath, in, on, over, under, upon, or within the public right-of-way. The Director may issue an emergency order in conjunction with any other official of the City and County of San Francisco who is authorized to issue emergency orders. (e) When, under emergency circumstances, neither the Department of Public Works nor Department of Building Inspection can ascertain which department has jurisdiction over the affected fixtures, improvements, property, or structures across, adjacent to, along, beneath, in, on, over, under, upon, or within the public right-of- way, the Director, the Director of the Department of Building Inspection, or both may issue emergency orders to remedy any emergency condition. Notice of the emergency order shall be pursuant to Subsection (a) or according to procedures set forth in the San Francisco Building Code. If the City and County of San Francisco abates the emergency condition, once the Department of Public Works and Building Inspection have determined which department has jurisdiction over the affected fixtures, improvements, property, or structures across, adjacent to, along, beneath, in, on, over, under, upon, or within the public right-of-way, the procedures for collection of charges and enforcement shall be according to the Municipal Code sections applicable to whichever department assumed the lead role in abating the emergency condition. (Added by Ord. 342-98, App. 11/13/98) SEC. 710. EXCAVATIONS – REPLACEMENT OF SOCKETS. The Department of Public Works is hereby directed to cause an inspection to be made of all cases where excavations are made in the public streets or other work done thereon, and to see that all sockets used for posts or poles in connection with parades or street displays have been properly replaced after removal in the making of such excavations or doing such work. In case such sockets have not been replaced to the satisfaction of said Department of Public Works, said Department shall cause such sockets to be put in, and any cost thereof shall be deducted from any deposit made to cover damage to such street by reason of such excavation or street work. SEC. 715. CONSTRUCTION REQUIREMENTS – AUTOMOBILE RUNWAYS. That certain plan for the construction of automobile runways extending from the roadways of the improved public streets in the City and County of San Francisco to and upon a portion of the sidewalk area adjacent to the curb line of the roadway of any such streets prepared by the Bureau of Engineering of the Department of Public Works and on file under File No. 14733 in the office of the Clerk of the Board of Supervisors and entitled and designated as "Plan for Construction of Automobile Runway, File L-6964.1" is hereby approved and adopted as the plan in conformity with which any automobile runway extending from the roadway of an improved public street in said City and County to and upon a portion of a sidewalk area adjacent to the curb line of the roadway of such street is required hereafter to be constructed and maintained; provided, however, that when special conditions exist and this plan is not the most feasible the Director of Public Works is authorized to allow deviations, and any such automobile runway hereafter constructed and maintained in any manner not strictly conforming to the design and measurements indicated on such approved and adopted plan, unless modified as

herein provided by the Director of Public Works, shall be unlawful. SEC. 716. PERMIT REQUIRED – FEE. (a) It shall be unlawful for any person, firm or corporation to commence or proceed with the construction of any such automobile runway within the City and County of San Francisco, unless a permit therefor shall have been first obtained from the Department of Public Works, unless the Director of Public Works decides that no permit is needed. Before the issuance of such permit the applicant therefor shall be required to pay to said Department, as an inspection fee, the sum of $60 per driveway. (b) The public right-of-way occupancy assessment fee for an automobile runway (driveway), whether permitted as specified in Sections 715-719, or unpermitted, shall be an annual fee of $3.00 per square foot of occupancy of the sidewalk or other public right-of- way space that was modified or is proposed for modification to create the automobile runway(s) on the subject property. For purposes of calculating the assessment fee, the Department shall charge no less than $100.00 per year even though the calculated square footage charge for the runway(s) may result in a smaller assessment fee. If the fee for a residential parking permit were assigned to each runway on the subject property and such fee is greater than the public right-of-way occupancy assessment fee, then the Department shall charge an amount equivalent to a residential parking permit for each runway on the subject property. If a runway bi-sects a property line, than the fee shall be equally allocated to each owner. Runways that are reconstructed, but do not increase in size shall be exempt from the assessment fee. If a property is condominium, then the fee shall be charged to the homeowners' association or equally allocated to each owner of a condominium unit. Funds collected through this program shall be used for a variety of street improvements within the Department's jurisdiction including but not limited to Americans with Disabilities Act improvements such as curb ramps. (Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/25/87; Ord. 293-08, File No. 081086) SEC. 717. PERMIT ONLY TO OWNER – RESTORATION. The permit referred to in Section 716 of this Article, and required to be first obtained, shall be granted only to the owner of the real property in front of which any such automobile runway as provided for in this Article is to be constructed and maintained, upon the application of such owner or the authorized agent thereof, and such owner, or the successor of such owner in or the ownership of such property, shall be obligated, in case such automobile runway be discontinued in the use thereof, or abandoned as to such use, to restore to its former or original condition the portion of the street altered or changed in consequence of the construction of such automobile runway. SEC. 718. EXISTING RUNWAYS. Such automobile runways from the roadways of improved public streets in the City and County of San Francisco to and upon portions of the sidewalk areas adjacent to the curb lines of the roadways of such streets, as have heretofore been constructed under sanction and to the satisfaction of the Department of Public Works and are now being maintained as so constructed, and such other automobile runways as have already been constructed and which, as to method of construction, are within the restrictions denoted on the approved and adopted plan referred to in Section 715 of this Article, are hereby permitted to be so maintained, subject however to the obligation imposed by the provisions of Section 717 of this Article. SEC. 719. RUNWAY RECONSTRUCTION. Whenever street work is performed by the City on accepted streets, and such work alters the street surface elevation fronting on an existing runway which has been constructed and is being maintained in accordance with the provisions of this Article, such portion of said existing runway which requires reconstruction to conform to the altered street surface elevation shall be included in the work and the cost thereof shall be borne by the City, provided that no runway work shall extend further than four feet from the curb line. SEC. 720. SIDE SEWER, SIDE SEWER TRAP AND HOUSE SEWER ALTERATION.

Whenever street work is performed by the City on accepted streets and such street work necessitates the alteration, adjustment, relocation, and/or reconstruction of any existing side sewer, side sewer trap, and/or house sewer outside the building line which has been constructed and is being maintained in accordance with the provisions of the San Francisco Municipal Code, Part II, Chapter VII (Plumbing and Gas Appliance Code), Article 1, such alteration, adjustment, relocation and/or reconstruction shall be included in the work and the cost thereof shall be borne by the City. (Added by Ord. 205-65, App. 7/29/65) SEC. 723. OBSTRUCTION OF AND ENCROACHMENT UPON PUBLIC RIGHT-OF-WAY PROHIBITED. (a) It shall be unlawful for any person, firm or corporation, without permission from the Department of Public Works (“the Department”),1 from the San Francisco Municipal Transportation Agency with respect to curbside electric charging stations permitted under Administrative Code Chapter 46 and the Transportation Code, to pile, cap, or otherwise obstruct or place obstructions or encroachments upon, above, or below, any public right-of-way, whether the same be graded or not. (b) “Public right-of-way” shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roadways, sidewalks, spaces, streets, and ways within the City, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department. The placement of any obstructions or encroachments upon, above, or below any public right-of-way shall comply with all applicable provisions of federal, State, and local disability and accessibility laws. (c) Any violation of this Section 723, or any violation of any encroachment permit issued by or right-of-way authorization granted by the Department of Public Works,,1 or any violation of a permit issued by the San Francisco Municipal Transportation Agency for installation of a curbside electric vehicle charging station under Administrative Code Chapter 46 and the Transportation Code, shall be deemed a public nuisance subject to enforcement actions pursuant to Administrative Code Chapter 100, which is hereby incorporated in its entirety, Administrative Code Chapter 80, and Police Code Section 39-1, and other Public Works regulations, procedures, and actions adopted by order. (Amended by Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020; Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024; Ord. 76-26, File No. 260238, App. 5/7/2026, Eff. 6/7/2026) CODIFICATION NOTE

1. So in Ord. 76-26.

(a) Neighborhood Amenities. The neighborhood amenities described in this Section 723.1, which are intended to facilitate residents’ and civic organizations’ promotion of neighborhood love, pride, and enjoyment, shall be permitted according to Section 723.2 or Section 786 based on the requirements and approvals in Section 723.1(c). (b) Definitions. “Decorative Street Light” means a pedestrian-scale street light installed upon a sidewalk. “Department” means the Department of Public Works. “Front Yard Bench” means a seat that can accommodate more than one person that complies with the requirements set forth in the Department’s regulations. “Front Yard Planter” means an enclosed vessel used and maintained regularly for planting vegetation that complies with the dimensional and sidewalk clearance and other requirements of Public Works Orders regarding planters including but not limited to Department of Public Works Order 179,231 titled “ESTABLISHING GUIDELINES FOR THE PLACEMENT OF SIDEWALK LANDSCAPE CONTAINERS ON THE SIDEWALK THAT ARE LESS THAN 36 INCHES IN HEIGHT,” as the Department may modify from time to time. “Mural” means a picture or design painted on or affixed to a sidewalk or a picture, design, or two-dimensional artwork painted on or affixed to an existing City-owned bridge, retaining wall, or stairway (only allowed on the riser portion) within the jurisdiction of the Department. No Mural may contain or constitute advertising of any kind. “Neighborhood String Lighting” means wired decorative lighting, which the Department has determined to be safe for outdoor use and capable of being suspended without a supporting span wire, that is suspended over public right-of-way within the Department’s jurisdiction, on which motor vehicles are not permitted, and adjacent to one or more building address(es) for a duration not to exceed the

maximum duration set forth in the Department’s regulations and at a height allowable under the Department’s regulations. Neighborhood String Lighting does not include any lighting that is placed on or which extends over a roadway on which motor vehicles are permitted. “Sidewalk Library” means an enclosed bookshelf that complies with the dimensional requirements set forth in the Department’s regulations, is mounted on a post placed in the sidewalk, and is used for the noncommercial purpose of displaying and sharing books with the public. “Tier 1 Love Our Neighborhoods Project” or “Tier 1 Project” means any of the following amenities installed, attached, constructed, placed, or otherwise caused to be located on a sidewalk within the jurisdiction of the Department: a Front Yard Bench, a Sidewalk Library, or a Front Yard Planter. “Tier 2 Love Our Neighborhoods Project” or “Tier 2 Project” means a Mural, a commemorative plaque that is being installed according to the requirements of Public Works Code Section 789 et seq., minor landscape infrastructure, a project consisting solely of maintenance of dedicated public right-of-way amenities within the Department’s jurisdiction, or Neighborhood String Lighting. The preceding project categories shall have the meanings defined in the Public Works Code and/or the Department’s orders and regulations. To qualify as a Tier 2 Project, the permit applicant must be a nonprofit organization, a community benefits district, a merchants association, or an established community-based organization. “Tier 3 Love Our Neighborhoods Project” or “Tier 3 Project” means any of the following amenities installed, attached, constructed, placed, or otherwise caused to be located on or over a sidewalk or other public right-of-way within the jurisdiction of the Department in accordance with Public Works Code Sections 786 through 786.9: a sculpture, a newly constructed or structurally modified stairway, a fog catcher, major landscape infrastructure, a newly constructed retaining wall or structure, stringed lighting suspended across a roadway in a commercial corridor, Decorative Street Lights, or a project comprised of a combination of Tier 1, Tier 2, and Tier 3 Projects. The preceding project categories shall have the meanings defined in the Public Works Code and/or the Department’s orders and regulations. To qualify as a Tier 3 Project, the permit applicant must be a nonprofit organization, a community benefit district, a merchants association, or an established community-based organization. (c) Requirements and Approvals. (1) Tier 1 Love Our Neighborhoods Projects. Tier 1 Projects may be authorized according to the registration and compliance requirements in Section 723.2(b)(2) and the applicable Department orders and regulations. The Director or the Director’s designee, in their discretion, shall determine whether a project constitutes a Tier 1 Project. (2) Tier 2 Love Our Neighborhoods Projects. Tier 2 Projects may be permitted according to the permit application and compliance requirements in Section 723.2(b)(3) and the applicable Department orders and regulations. The Director or the Director’s designee, in their discretion, shall determine whether a project constitutes a Tier 2 Project. (3) Tier 3 Love Our Neighborhoods Projects. Tier 3 Projects may be permitted according to the permit application and compliance requirements in Section 786 and the applicable Department orders and regulations. The Director or the Director’s designee, in their discretion, shall determine whether a project constitutes a Tier 3 Project. (Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/25/87; Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)

(a) Minor Encroachments. The Director of the Department of Public Works (“Department”) may grant permission, revocable at the Director’s will in accordance with subsection (f), to an owner of property abutting any court, alley, or street to install and maintain minor encroachments such as fences, retaining walls, steps or stairways, sidewalk (pipe) barriers to control illegal vehicular parking or driving in sidewalk and public right-of-way areas, and other minor structures in the sidewalk fronting such property where such encroachments are desirable or convenient in conjunction with the owner’s use and enjoyment of the property, or required for the safety, convenience, and comfort of the public using the sidewalk. Pipelines or other portions of an alternate water source system constructed within the public right-of-way for the purposes set forth in Article 12C of the Health Code and in accordance with Health Code Section 12C.6 are minor encroachments subject to the requirements of this Section 723.2. Tier 1 Projects and Tier 2 Projects, as defined in Section 723.1(a), are minor encroachments subject to the requirements of this Section 723.2. Appurtenant building features, as defined in Section 723.2(b)(5), are minor encroachments subject to the requirements of this Section 723.2. (b) Requirements and Conditions. (1) General. Minor encroachments shall not occupy more than 10% of the area of the sidewalk fronting the property nor more than 25% of the width of the sidewalk (together, “Dimensional Requirements”), unless the Director determines that such restrictions are not applicable due to the nature of the encroachment. The Director shall impose requirements and conditions as the Director deems necessary or appropriate to protect the public peace, safety, health, and welfare of pedestrians and other users of the sidewalks, public right-of-way, and public property (“Conditions of Approval”). Conditions of Approval may include but are not limited to periodic inspection, maintenance, and repair requirements. To memorialize the Conditions of Approval, the Director may require the permittee to enter into a written agreement that is recorded in the Office of the Assessor-Recorder. No advertisement shall be permitted on the encroachments. (2) Tier 1 Love Our Neighborhoods Projects. (i) Registration Requirement. The owner of real property, or the owner’s authorized agent, shall not be required to obtain a

permit prior to the placement of the Tier 1 Project, as defined in Section 723.1, in the sidewalk adjacent to the owner’s real property provided that the sidewalk is within the Department’s jurisdiction, the Tier 1 Project satisfies all of the applicable requirements for the Tier 1 Project as set forth in the Department’s regulations, and the owner registers the Tier 1 Project with the Department in a manner prescribed by the Department. Upon the owner’s registration of the Tier 1 Project and acknowledgment of the owner’s liability for any injury or Claims, as defined in Section 723.2(e)(1), caused by the Tier 1 Project, the Tier 1 Project shall be presumed to be authorized to be placed on the sidewalk within the Department’s jurisdiction as long as the sidewalk preserves the greater of a minimum path of travel of four feet after the installation or placement of the Tier 1 Project or, with respect to sidewalks that are a minimum of twelve feet wide, a minimum path of travel of six feet after the installation or placement of the Tier 1 Project. (ii) Conditional Exemptions from Certain Requirements. The owner of real property adjacent to a properly registered Tier 1 Project shall not be required to obtain a permit, pay the permit fee and right-of-way occupancy fee set forth in Section 2.1.1(l), or furnish evidence of an insurance policy set forth in subsection (e)(2) for the Tier 1 Project at the time of registration and may install or place the encroachment upon the sidewalk following registration. (iii) Safety Inspection. Any person may submit in writing, accompanied by any pertinent documentary information or photographs, a request that the Department perform a safety inspection of a Tier 1 Project at a specified street address due to concerns that the encroachment fails to comply with an applicable requirement or such encroachment poses a threat to public health, safety, or welfare. The Department, in its sole discretion, may elect to perform an inspection of the encroachment, and the Director may require that the owner of the real property adjacent to the encroachment modify or remove the encroachment for the purposes of public safety, health, or welfare. In addition, if the Director allows the encroachment to remain in place, the Director may require the owner of the real property adjacent to the encroachment to record in the office of the Assessor-Recorder the owner’s acknowledgment of the owner’s liability for any injury or Claims, as defined in Section 723.2(e)(1), caused by the Tier 1 Project. (3) Tier 2 Love Our Neighborhoods Projects. (i) Minor Encroachment Permits Required. Tier 2 Projects shall be required to obtain a minor encroachment permit as provided in this Section 723.2. Prior to submitting a minor encroachment permit application for a Tier 2 Project, the permit applicant must obtain all necessary approvals from City departments and agencies including but not limited to the Arts Commission and the Civic Design Review Committee, as may be applicable. (ii) Neighborhood Notice for Murals; Compliance With Department Specifications. A permit applicant proposing a Mural shall submit a signed declaration identifying the steward of the Mural who will be responsible for maintaining, repairing, and removing the Mural for a period of five years. In addition, the permit applicant shall provide mailed notice of the application to the owner or owners of record of all units of real property within 250 feet of the proposed location of the Mural. All Murals shall comply with all requirements and specifications determined by the Department including but not limited to requirements pertaining to slip resistance, dimensions, durability, and removability of media and materials. (4) Sidewalk (Pipe) Barriers. The Department of Public Works may grant permission, revocable at the will of the Director of Public Works, to owners of property abutting any court, alley, or narrow street to install and maintain sidewalk (pipe) barriers, also referred to as bollards, of an approved design, spacing, and location in the sidewalk fronting their property where necessary to control illegal vehicular parking or driving in sidewalk areas. Before the issuance of a permit for sidewalk (pipe) barriers, the applicant shall be required to pay to the Department, as an inspection fee, the sum of $100 for each 25 feet, or fractional part thereof, of the sidewalk frontage of the property. (5) Appurtenant Building Features. The owner of real property, or the owner’s authorized agent, shall not be required to obtain a permit from the Department prior to the installation of the following types of appurtenant building features, provided they satisfy all of the applicable requirements as set forth in the Department’s orders and regulations, including maintenance of a clear path of travel from the public right-of-way to the face of the building. An “Appurtenant Building Feature” is: (i) An element affixed to any building extending no more than four inches into the public right-of-way. (ii) An minor element affixed to a building where such element has been authorized by a building permit. These may include utility fixtures, water spouts, standpipes, out-swinging doors, and security gates. This does not include any awning with fixed vertical posts that are placed on the public right-of-way. (iii) An element affixed to or immediately adjacent to the face of any building where such element is authorized by a building permit and constructed exclusively for compliance with any applicable accessibility standard, including but not limited to any requirement of the Americans with Disabilities Act. These may include door actuators and wheelchair lifts. (iv) Any other elements the Department classifies as a permissible Appurtenant Building Feature in the Department’s orders and regulations implementing this Section 723.2.

ucted exclusively for compliance with any applicable accessibility standard, including but not limited to any requirement of the Americans with Disabilities Act. These may include door actuators and wheelchair lifts. (iv) Any other elements the Department classifies as a permissible Appurtenant Building Feature in the Department’s orders and regulations implementing this Section 723.2. (6) Other Public Works Permits May Be Required. Notwithstanding the provisions of Subsection (b)(5), if installation of the Appurtenant Building Feature requires other Public Works authorizations or permits, e.g., a Street Improvement Permit in accordance with Section 708, the owner shall obtain such authorizations or permits. (c) Permit Issuance. In considering the issuance of permits under this Section 723.2, the Director shall give due regard to the location, neighborhood pattern, anticipated pedestrian traffic, and access requirements of the Fire Department, and to the convenience and necessities of the owners, occupants, or tenants of offices, stores or shops in the vicinity. Permits for Murals shall be valid for up to five years, subject to the Director’s discretion to grant successive five-year extensions to a permittee that has complied with the conditions of their permit. A permit for a Mural on a stairway shall only allow the Mural to be painted or affixed to the riser portion of the stairway. (d) Liability for Minor Encroachments.

(1) Adjacent Property Owners. Other than with respect to a Mural, Neighborhood String Lighting, or a commemorative plaque for which the Department has issued a Tier 2 Permit to a steward who is not the owner of the real property adjacent to the Tier 2 Project, the owner of real property adjacent to a minor encroachment shall be solely and fully liable for any injury or Claims resulting from the minor encroachment, shall bear all costs of such injury or Claims, shall pay all costs incurred by the City for any review and inspections of the encroachment, and, if ordered by the Department to do so, and shall be required to modify and/or remove the minor encroachment and restore the sidewalk or other public right-of-way to a condition acceptable to the Director in the Director’s sole discretion. (2) Stewards. For Murals, Neighborhood String Lighting, and commemorative plaques, the steward identified in the Tier 2 Project permit shall be solely and fully liable for any injury or Claims, as defined in Section 723.2(e), resulting from the Mural, Neighborhood String Lighting, or commemorative plaque, as applicable, and the steward shall bear all costs of such injury or Claims, shall pay all costs incurred by the City for any review and inspections of the Mural or commemorative plaque, and, if ordered by the Department to do so, shall be required to modify and/or remove the Mural, Neighborhood String Lighting, or commemorative plaque and shall restore the sidewalk or other public right-of-way to a condition acceptable to the Director in the Director’s sole discretion. (e) Indemnification, Security, and Insurance Requirements. (1) For minor encroachment permits, Tier 1 Projects registered pursuant to Section 723.2, and Appurtenant Building Features authorized in Section 723.2(b)(5), the owner of the real property or the owner’s authorized agent applying for a permit 2 registering a Tier 1 Project under the provisions of Section 723.2, or installing and maintaining Appurtenant Building Features under Section 723.2(b)(5), shall agree to hold harmless, defend, and indemnify the City and County of San Francisco, including, without limitation, each of its commissions, departments, officers, agents, and employees, from and against all losses, liabilities, expenses, actions, claims, demands, injuries, damages, fines, penalties, suits, costs, or judgments, including, without limitation, attorneys’ fees and costs (collectively, “Claims”), caused by reason of the installation or maintenance of the encroachment in the public right-of-way, and the owner or owners or subsequent owner or owners of the respective real property shall be solely liable for any Claims occasioned by any act or neglect in respect to the installation or maintenance of the encroachments in the sidewalk. (2) The Director may require the recipient of a minor encroachment permit or the owner of real property with an authorized minor encroachment to furnish a bond, or other form of security that is acceptable to the Director, in an amount required to complete the installation of the encroachment remove the encroachments, and restore the public right-of-way to a condition satisfactory to the Director based on a cost that the City Engineer determines. The permittee shall provide evidence to the Department that the bond or other security is operative on an annual basis. (3) For an encroachment with construction costs equal to or greater than $50,000, the Director may require the recipient of a minor encroachment permit or the owner of real property adjacent to an authorized Tier 1 Project to furnish evidence of an insurance policy that is satisfactory to the City’s Risk Manager. Such insurance shall in no way relieve or decrease a permittee’s or its agents’ obligation to indemnify the City under this subsection (d). (f) Recordation. Each permit issued under the provisions of this Section 723.2 shall not become effective until the permit has been signed by the permittee or the permittee’s authorized agent and, where the permittee owns the property adjacent to the encroachment, a copy thereof has been recorded in the office of the Assessor-Recorder. The Department, in the Department’s sole authority, may require the owner of the real property adjacent to a Tier 1 Project who is the registrant of the Tier 1 Project, or the owner of the real property adjacent to Appurtenant Building Features authorized in Section 723.2(b)(5), to record in the office of the Assessor-Recorder the owner’s acknowledgment of the owner’s liability for any injury or Claims, as defined in Section 723.2(e)(1), caused by the Tier 1 Project or the Appurtenant Building Features authorized in Section 723.2(b)(5). (g) Revocation. (1) The Director is authorized to initiate proceedings to revoke the permit or authorization of a minor encroachment upon the Director’s determination that a permittee, steward, or owner of real property adjacent to the minor encroachment has failed to comply with the any of the Conditions of Approval; that a minor encroachment, whether or not it is associated with an issued permit, poses a threat to public safety, health, or welfare; or that all or a portion of the public right-of-way on which a minor encroachment is located is required for a different public purpose. To initiate revocation proceedings, the Director shall provide the permittee, the adjacent property owner, and the steward, if applicable, with written notification of the time and date of a public hearing to consider the grounds for revoking, modifying, or suspending the minor encroachment permit or, as may be applicable, the City’s authorization of an encroachment without issuance of a permit. This notification may include requirements that would apply to restoration of the public right-of-way as set forth in Section 723.2(g)(2). Following the public hearing, the Director may issue an order revoking or modifying the minor encroach

ng, modifying, or suspending the minor encroachment permit or, as may be applicable, the City’s authorization of an encroachment without issuance of a permit. This notification may include requirements that would apply to restoration of the public right-of-way as set forth in Section 723.2(g)(2). Following the public hearing, the Director may issue an order revoking or modifying the minor encroachment permit and/or authorization of a minor encroachment for good cause. If the failure to comply with the Conditions of Approval poses an imminent threat to public safety, health, or welfare, the Director shall immediately suspend the minor encroachment permit or authorization of a minor encroachment pending a final decision to revoke or modify the minor encroachment permit or authorization of a minor encroachment. The Director’s modification, revocation, or suspension of a minor encroachment permit or authorization of a minor encroachment may be appealed under subsection (g). (2) Following the revocation of a minor encroachment permit or authorization of a minor encroachment, the former permittee, the owner of real property formerly authorized to place a Tier 1 Project on the sidewalk adjacent to the owner’s real property, or the steward, as may be applicable, or the owner of real property authorized to install Appurtenant Building Features as defined in Section 723.2(b)(5), shall restore the public right-of-way to a condition satisfactory to the Director. Any restoration shall occur at the sole and absolute expense of the former permittee, the owner of real property formerly authorized to place a Tier 1 Project on the sidewalk adjacent to the owner’s real property, or the steward, as may be applicable, or the owner of real property authorized to install Appurtenant Building Features as defined in Section 723.2(b)(5). (h) Appeals. Within 15 days following the Director’s approval, denial, or revocation of a minor encroachment permit or revocation of the authorization of a minor encroachment, any person may file a notice of appeal as follows:

(1) Appeals of the revocation of the authorization of a minor encroachment or the revocation or denial of a permit issued by the Director for encroachments that impede or otherwise impact the Central Subway Corridor, as defined in Section 723.3(a)(3) of this Code, subsidewalk encroachments below the public right-of-way or other encroachments in, on, and/or below the public right-of-way may be appealed to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors. (2) Appeals of the approval, denial, or revocation of all other permits may be appealed by filing a notice of appeal with the Board of Appeals. (3) In the alternative, when the encroachment is related to building construction, rehabilitation, or maintenance, any person may appeal the encroachment permit decision to the Building Inspection Commission. A person waives their right to appeal to the Building Inspection Commission encroachment permit decisions relating to building construction, rehabilitation, or maintenance by instead filing the appeal with the Board of Supervisors or the Board of Appeals. No encroachment permit decision may be appealed to both bodies. (i) For purposes of this Section 723.2, an encroachment permit is related to building construction, rehabilitation, or maintenance when the object of the encroachment permit affects the applicant’s ability to construct, repair, or maintain the building. (j) Pending decision by the Board of Supervisors, the Board of Appeals, or the Building Inspection Commission, the Director’s decision to approve, deny, or revoke a minor encroachment permit or to revoke the authorization of a minor encroachment shall be suspended. (k) Before issuance of the permit, the applicant shall be required to pay to the Department all applicable fees as set forth in Section 2.1.1 et seq. and a public right-of-way occupancy assessment fee as set forth in subsection(l).1 (l) Nothing in this Section 723.2 shall be construed as authorizing the Director to grant a permit for any encroachment which the Director determines to be inimical to the health, welfare, safety, and best interest of the general public, or in violation of the Charter or laws of the City or laws of the State of California. (m) The Board of Supervisors, the Board of Appeals, or the Building Inspection Commission may affirm, reverse, or modify any permit decision made by the Director under the provisions of this Section 723.2. The decision by the Board of Supervisors, the Board of Appeals, or the Building Inspection Commission is final. (n) Unless otherwise provided in this Section 723.2, the Department shall collect a public right-of-way occupancy assessment fee for the use of the sidewalk or other public right-of-way space permitted under the provisions of this Section 723.2. (1) In accordance with this subsection (n) the public right-of-way occupancy assessment fee for minor encroachments, whether permitted or unpermitted and as specified in subsection (n)(2), shall be an annual fee of $3 per square foot of occupancy of the sidewalk or other public right-of-way space. For purposes of calculating the assessment fee, the Department shall charge no less than $100 per year even though the calculated square footage charge for the encroachment may result in a smaller assessment fee. (2) The following categories of minor encroachments are subject to the public right-of-way occupancy assessment fee: (A) Encroachments in, on, above, or below the public right-of-way that are affixed or appurtenant to any building whose owner obtained a site permit for new construction on or after August 29, 2005. This subsection (n)(2)(A) also shall apply to any commercial, industrial, or mixed-use building whose owner obtained a site permit for new construction prior to August 29, 2005; provided, however, that such building is not located in any Neighborhood Commercial District as designated in Planning Code Article 7 and that the encroachment associated with such building was installed or encroachment permit obtained prior to August 29, 2005. This subsection (n) (2)(A) shall specifically include, but not be limited to, doors that open over the public right-of-way and subsidewalk basements; provided, however, that this subsection shall exclude encroachments for shoring and tiebacks. This subsection (n)(2)(A) shall not apply to a building that has been converted from a commercial, industrial, or mixed-use building into a building containing only residential use. (B) Any enclosure of the public right-of-way that is used exclusively for private benefit and was installed on or after August 29, 2005. This subsection (n)(2)(B) also shall apply to any enclosure installed prior to August 29, 2005 that is associated with a commercial, industrial, or mixed-use building; provided, however, that the building is not located in any Neighborhood Commercial District as designated in Planning Code Article 7. (C) Underground storage tanks. (3) For purposes of subsection (n)(2), the term “site permit” also shall mean “building permit.” (4) Notwithstanding subsection (n)(2), no public right-of-way occupancy assessment fee shall be charged against the owner of an historic or architecturally significant building who has installed or seeks a permit to install a minor sidewalk encroachment for the sole purpose of conforming with an applicable Municipal Code requirement; provided, however that this exception shall not apply if the encroachment is a sub-sidewalk basement. For purposes of this subsection (n)(4), an historic or architecturally significant building shall be a building so designated pursuant to Planning Code Article 10 or specifically identified as an architecturally significant building on the Planning Department’s database or on a list maintained by the Planning Department. (5) Notwithstanding subsection (n)(2

ment is a sub-sidewalk basement. For purposes of this subsection (n)(4), an historic or architecturally significant building shall be a building so designated pursuant to Planning Code Article 10 or specifically identified as an architecturally significant building on the Planning Department’s database or on a list maintained by the Planning Department. (5) Notwithstanding subsection (n)(2), no public right-of-way occupancy assessment fee shall be charged against the owner of a property for elements installed as a requirement under Planning Code Section 138.1. (6) Notwithstanding subsection (n)(2), if a minor encroachment permit is necessary for the development of a project including residential units, all of which are affordable to low- or moderate-income households as defined by the United States Housing and Urban Development Department, then such project shall be exempt from payment of the public right-of-way occupancy assessment fee. (7) The public right-of-way occupancy assessment fee shall be subject to the review and adjustment procedures as set forth in Sections 2.1.1 et seq.

(8) The public right-of-way occupancy assessment fee shall not be charged to any federal, state, or local governmental agencies, commissions, or departments. (9) Notwithstanding this subsection (n), the public right-of-way assessment fee for underground vaults shall be as specified in Section 2.1.1 et seq. (10) Notwithstanding subsection (n)(2), no public right-of-way occupancy assessment fee shall be charged for pipelines or other portions of an alternate water source system constructed within the public right-of-way for the purposes set forth in Article 12C of the Health Code and in accordance with Health Code Section 12C.6. (11) Notwithstanding subsection (n)(2), no public right-of-way occupancy assessment fee shall be charged to an owner of property that obtains a minor encroachment permit to construct and maintain a floodwater management project that is located in public rights of way and funded with San Francisco Public Utilities Commission grant funds. (12) Notwithstanding subsection (n)(2), no public right-of-way occupancy assessment fee shall be charged for a Tier 1, Tier 2, or Tier 3 Project. (13) Notwithstanding subsection (n) of this Section 723.2, no public right-of-way occupancy assessment fee shall be charged for Appurtenant Building Features authorized in Section 723.2(b)(5). (o) Notwithstanding the fees specified in this Section 723.2, if a project involves voluntary seismic retrofit upgrades to soft-story, wood-frame buildings, as defined by the Director of the Department of Building Inspection, such project applicant shall be exempt from the proportionate share of fees specified under this Section 723.2 and Sections 2.1.1 et seq. that is related to such retrofit work. (p) The Director may issue regulations setting forth standard design, safety, and operating requirements for minor encroachment permits (“Regulations”) consistent with the Public Works Code. The Director may, in the Director’s discretion, require an encroachment agreement that provides additional detail on the permittee’s rights and obligations under a minor encroachment permit, including maintenance of the encroachment, and establishes the regulatory relationship between Public Works and the permittee for implementation of the permit. (Added by Ord. 391-81, App. 7/3/81; amended by Ord. 474-97, App. 12/23/97; Ord. 244-00, File No. 001354, App. 10/27/2000; Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 57-06, File No. 060081, App. 3/31/2006; Ord. 165-07, File No. 070452, App. 7/20/2007; Ord. 48-09, File No. 081598, App. 4/2/2009; Ord. 209-09, File No. 090934, App. 9/25/2009; Ord. 54-10, File No. 091113, App. 3/19/2010; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 248-10, File No. 100757, App. 10/14/2010; Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 109-15 , File No. 150350, App. 7/2/2015, Eff. 8/1/2015; Ord. 183-15 , File No. 150758, App. 10/16/2015, Eff. 11/15/2015; Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024; Ord. 22-25, File No. 240982, App. 3/7/2025, Eff. 4/7/2025; Ord. 117- 25, File No. 250541, App. 7/17/2025, Eff. 8/17/2025) CODIFICATION NOTES

1. So in Ord. 252-23.
2. So in Ord. 117-25.

OF-WAY ALONG THE CENTRAL SUBWAY CORRIDOR. (a) For purposes of Section 723.3, the following terms shall have the following meanings: (1) "Property Owner" means the record owner of the Property. (2) "Property" means the real property immediately abutting, adjacent or otherwise connected to an unpermitted subsidewalk obstruction or other encroachment into the public right-of-way. (3) "Central Subway Corridor" shall mean the north-south subway alignment commencing at Fourth and King Streets and continuing via Fourth and via Stockton Streets to the terminus located on the north side of the intersection of Stockton and Jackson Streets. (4) "Unpermitted" shall mean the unauthorized use of a subsidewalk obstruction or other encroachment into the public right-of-way, including those obstructions or encroachments for which a permit has been revoked, annulled or for which a permit has not been issued. (b) Notwithstanding any permit, license, easement or authorization of any kind, an unpermitted subsidewalk obstruction or other encroachment into the public right-of-way along the Central Subway Corridor shall constitute a public nuisance that the City may abate by any legal means, and the abatement of such nuisance shall be at the expense of the Property Owner. (c) Notice to abate nuisance. (1) Notwithstanding any other remedy, upon request from the Central Subway Project Manager, the Director of Public Works shall mail a notice to the Property Owner, any known occupant of the unpermitted subsidewalk obstruction or encroachment and any mortgagee or beneficiary under a recorded deed of trust. (2) The notice shall state the conditions that constitute the public nuisance and shall order the abatement of the nuisance within a specific amount of time after the date of the notice. The time allowed for abatement shall be a reasonable time in the judgment of the Director of Public Works, based upon the circumstances of the particular nuisance.

(3) The Director of Public Works shall serve the notice by first class mail, postage prepaid, return receipt requested, addressed to the Property Owner as that address appears on the last equalized assessment roll or as known to the Director of Public Works. If no address appears, then a copy of the notice shall be mailed addressed to the Property Owner at the address of the Property. The Director of Public Works shall also serve the notice by first class mail, postage prepaid, return receipt requested, to any known occupant of the subsidewalk obstruction or encroachment determined to constitute a nuisance. Service of the notice is effective on the date of mailing. (4) The Director of Public Works shall retain in the file a declaration of the person effecting service declaring the date, time and manner that service was made. (d) Effect of failure to abate. If the Property Owner does not comply with the notice prescribed in Section 723.3(c), the Director of Public Works may permit the Municipal Transportation Agency to abate the nuisance by giving a second notice in the same manner set forth in Section 723.3(c). The second notice shall direct the Property Owner and the occupant of the subsidewalk obstruction or encroachment to appear before the Director of Transportation, or his or her designee, at a stated time and place to show cause why the nuisance should not be abated. The notice shall be titled "Notice of Hearing to Abate Nuisance" and shall be substantially in the following form: NOTICE OF HEARING TO ABATE NUISANCE ____________, the owner(s)/occupant(s) of real property located at ____________, is notified to appear before the Director of Transportation, or his or her designee, at a hearing to be held on ______, 20, at ____________ o'clock, at ____________ [insert location of hearing], and show cause, if any he or she has, why the nuisance should not be abated and the cost of abatement of the nuisance on that parcel of land should not be made a special assessment against the parcel. A notice to you previously sent on ____________ 20; is attached for further details regarding the nuisance. (e) Hearing. At the time fixed in the notice, the Director of Transportation, or his or her designee, shall hear the testimony of all interested persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. Following the conclusion of the hearing, the Director of Transportation, or his or her designee may, by written statement, declare his or her findings. The Director of Transportation, or his or her designee, may order the Property Owner to abate the nuisance within a specific time, which is reasonable under the circumstances, after the date of serving the notice of the written statement. (f) Abatement by City. If the Property Owner fails to abate the nuisance within the time set forth, the Municipal Transportation Agency may proceed to abate the nuisance. (g) Recoverable expenses. The expense of abatement of a nuisance under this Section 723.3 shall be a lien against the Property. (1) A recoverable expense shall include but not be limited to the following: (a) The hourly rates for personnel time in (i) preparing for and attending all inspections, (ii) preparing all written reports and memos, (iii) preparing for and attending all meetings at which the enforcement actions against the property being charged with the expense is the subject, (iv) preparing for and attending all official enforcement proceedings, including but not limited to proceedings before the Director of Transportation, or his or her designee, and (v) preparing for and attending civil or criminal proceedings instituted in state or federal court; and (b) The cost of services rendered by third parties such as the preparation of title reports, investigative services, process servers and consulting services (including costs of estimates, appraisals, work and abatement). (c) Attorneys' fees incurred due to any enforcement proceedings commenced by the city pursuant to this code shall be awarded to the prevailing party. The proceedings shall be considered to have commenced upon the city's initial inspection of the property that is the subject of the proceeding. If the Property Owner against whom the enforcement proceeding is pursued is found to be in violation of this Section, the city shall be deemed to be the prevailing party. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of attorneys' fees incurred by the city in the action or proceeding. Any award to the city of its attorneys' fees shall be collectable as a recoverable expense and shall be included in the statement of expense and provided for hereunder. (h) Statement of expenses. The Municipal Transportation Agency shall keep an itemized account of its expenses involved in abating the nuisance. After completing abatement of the nuisance, the Municipal Transportation Agency shall mail to the Property Owner a statement including: (1) What abatement action has been taken; (2) A statement of all removal, administrative and other expenses incurred; (3) That the expenses are due and payable within 45 days from the date of this notice; (4) That if the Property Owner fails to make payment within 45 days, the amount will be charged to the owner on the next regular tax bill and recorded as a lien against the Property; (5) The date, time and place for a hearing before the Board of Supervisors at which the Property Owner may contest the amount charged. (i) Hearing on statement of expenses. At the time fixed for the hearing of the statement of expenses, the Board of Supervisors shall consider the statement and protests or objections raised by the Property Owner. The

ded as a lien against the Property; (5) The date, time and place for a hearing before the Board of Supervisors at which the Property Owner may contest the amount charged. (i) Hearing on statement of expenses. At the time fixed for the hearing of the statement of expenses, the Board of Supervisors shall consider the statement and protests or objections raised by the Property Owner. The Board of Supervisors may correct or modify the

statement as it considers just and thereafter shall finally determine the amount due by written resolution. (j) Expenses as special assessment against the property. If the Property Owner does not pay the expense of abating the nuisance within 45 days after the Board of Supervisors confirms the costs of abatement, the costs of abatement shall constitute a lien upon the Property and shall be collected as a special assessment against the Property. The assessment shall continue until it is paid, together with interest at the rate of 10 percent per year computed from the date of dispatch of the statement of expenses until payment. The assessment may be collected at the same time and in the same manner as ad valorem real property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem real property taxes. (k) Notice of special assessment. (1) When a special assessment is charged against property as provided in this Section, the Municipal Transportation Agency shall mail, by certified mail, to the Property Owner and file in the office of the Recorder of the City and County of San Francisco a certificate substantially in the following form: NOTICE OF SPECIAL ASSESSMENT On ____________ 20____, the City and County of San Francisco abated a nuisance on the property located at ____________ (Assessor's Parcel No. _______). This property is owned by . The abatement was done under the authority of California Government Code Section 38773.5 and San Francisco Public Works Code Section 723.3. The City and County of San Francisco claims a special assessment on the real property for the costs of the abatement in the amount of $. This amount is a special assessment against the real property until paid with interest at the legal rate of ____________ and discharged of record. This property may be sold after three (3) years by the tax collector for unpaid delinquent assessments. The real property referred to in this notice is that parcel of land situated within the City and County of San Francisco, State of California, more specifically described as follows: (insert or attach legal description). Dated: ____________ 20 City of San Francisco By: ____________ (2) The city shall file with the Auditor of the City and County of San Francisco a certified copy of the notice of special assessment, a brief description of the abatement action taken and a request that the charges be added to the tax rolls and collected at the same time and in the same manner as ordinary municipal taxes. Amounts received either as payment on a property tax bill or final sale of the Property shall be deposited in the Municipal Transportation Fund created by Section 8A.105 of the City Charter minus the administrative costs of the Tax Collector in collecting the payments. (Added by Ord. 210-09, File No. 090933, App. 9/25/2009)

WAYS – PERMIT REQUIRED. (a) Purpose. The purpose of this Section 723.5 is to establish a Pilot Permit program to regulate and temporarily authorize the physical operation, testing, and/or placement of certain Emerging Technologies Devices upon, above, or below City sidewalks, public right-of-ways, and property within the jurisdiction of Public Works. This Section 723.5 shall not govern the operation of Emerging Technology Devices on the portions of City streets and highways or public property subject to the sole jurisdiction of one or more Special Jurisdiction Agencies, unless such agencies authorize the application of this Section to said portions of streets, highways, or public property. (b) Definitions. “City Department Partners” has the same meaning as in Administrative Code Section 22G.2. “Director” means the Public Works Director or the Public Works Director’s designee. “Emerging Technology” is equivalent to the definition set forth in the OET Ordinance. “Emerging Technology Device” means the physical device or enclosure that constitutes, implements, or utilizes an Emerging Technology, or the physical device or enclosure that is required for the Emerging Technology to operate or function. “Notice of Application” means a written notice on a form provided or approved by Public Works that indicates an application for a Pilot Permit is being considered for approval by Public Works. “Notice to Proceed” has the same meaning as in Administrative Code Section 22G.2. “OET” has the same meaning as in Administrative Code Section 22G.2. “OET Director” has the same meaning as in Administrative Code Section 22G.2.

“OET Ordinance” means Administrative Code Chapter 22G (Office of Emerging Technology), as may be amended from time to time. “Pilot Permit” means a permit issued by the Director to perform a PW Pilot Project under this Section 723.5. A Pilot Permit is separate and distinct from a Notice to Proceed. “Pilot Project” 1 “Pilot Term” means the term of days for which a PW Pilot Project is authorized by the Director under this Section 723.5. “Public Works” means the Department of Public Works. “PW Pilot Project” means the portion of the Pilot Project, as defined in the OET Ordinance, that takes place on public right-of-ways or real property within the jurisdiction of Public Works. “Regulations” means orders, requirements, processes, or procedures that the Director may adopt as the Director deems necessary to maintain and further the public peace, safety, health, convenience, and welfare. “Special Jurisdiction Agencies” has the same meaning as in Administrative Code Section 22G.2. “Testing” means the operation and evaluation of an Emerging Technology or Emerging Technology Device for research and development for anticipated commercial uses and for the City’s evaluation of whether the operation of the Emerging Technology Device would warrant the creation of a permit program that would allow the Emerging Technology Device to operate beyond the Pilot Term in light of the effects of the Emerging Technology on public health, safety, welfare, and convenience. (c) Permit Required. It shall be unlawful for any person, including but not limited to natural persons and businesses, to operate an Emerging Technology Device upon, above, or below any public right-of-way (as defined in Article 2.4 of the Public Works Code) or public property within Public Works’ jurisdiction without a Pilot Permit, unless otherwise authorized by federal or state law. Operation of an Emerging Technology Device upon, above, or below any public right-of-way or public property without all required permits shall be deemed a public nuisance. To be eligible to apply for a Pilot Permit under this Section 723.5 , the applicant must first obtain Approval, as defined in Administrative Code Section 22G.2, to perform a Pilot Project and pay all applicable fees. (d) Public Works Director’s Administration of Permit. The Director shall administer all Pilot Permits in consultation with all applicable City Department Partners and pursuant to the requirements, rules, and regulations set forth in this Section 723.5 or other Regulations. (e) Restrictions on Duration of Pilot Permits. The Director shall be authorized to determine the term of any Pilot Permit issued under this Section 723.5 provided that the duration shall not exceed 12 months and shall be subject to the Director’s authority to grant one extension of an additional 12 months. When a permittee requests an extension, the permittee shall provide Public Works with a report that provides all data collected during prior Testing and describes any public safety-related incidents that have occurred including all emergency calls for service. (f) Application Process. Public Works shall receive and process each complete Pilot Permit application, and the content of applications shall comply with the Director’s Regulations. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the application. At a minimum, the applicant shall provide the following information as part of the application submittal: (1) Business entity name, name of natural person submitting application, office address, telephone number, and email address; (2) Copy of business license; (3) Tax identification number; (4) Description, physical dimensions, and technical specifications of the Emerging Technology Device; (5) Description and purpose of Testing; (6) Proposed dates and times of Testing; (7) Proposed paths of travel and identification of any portion of the paths of travel that are within or adjacent to the “High Injury Network” as designated by the City’s Vision Zero SF road safety initiative; (8) Operations manuals and instructions for operation of the Emerging Technology Device, including manner of causing it to come to a full and complete stop; (9) Privacy policy that addresses the manner in which applicant will use, store, and safeguard photographic, video, and other data obtained through the Testing; and (10) Proposed public notice plan. Public Works shall refer an application to any other appropriate City department for its review and consultation. After reviewing the Pilot Permit application and determining that the application is complete, Public Works shall inform the applicant that the applicant is authorized to proceed to post Notices of Application. (g) Public Notice and Opportunity to Comment. Upon receiving authorization to proceed to post Notices of Application, the applicant shall post Notices of Application for a period of 20 calendar days at the Testing site(s) according to a public notice plan approved by Public Works, and the applicant shall also provide any Notice of Application to Stakeholders as defined in Administrative

Code Section 22G.2 and other interested persons, as may be prescribed by the Director’s Regulations. The applicant shall submit to Public Works photographic evidence that the Notices of Application were posted in accordance with this subsection (g). The applicant shall remove all Notices of Application the day after the expiration of the 20-day notice period. Public Works shall accept public comments on the Notice of Application for 20 calendar days from the first day the Notice of Application was posted. Public Works shall also list pending applications and all approved Pilot Permits on the Public Works website. (h) Public Hearings. (1) Public Works Hearing. Upon receiving a request for a hearing from a member of the public during the notification period, the Director shall review the merit of the request and the Director shall schedule and hold a public hearing, at the Director’s sole discretion, regarding each application for a Pilot Permit. Unless otherwise stated in this Section 723.5 , the Notice of Public Hearing posting shall comply with Article 5.6 of the Public Works Code. The Public Works Director shall also notify the Board of Supervisors of any public hearing held under this subsection (h)(1), and of the Director’s written determination after such hearing. (2) Appeal to Board of Appeals. The Director’s approval or denial of a Pilot Permit application, or the Director’s modification, suspension, or revocation of a Pilot Permit, may be appealed by filing a notice of appeal with the Board of Appeals. (i) Conditions of Approval and Data Sharing. (1) Conditions of Approval. The Director, in consultation with other City departments, as applicable, shall impose any conditions of approval that the Director deems necessary or appropriate to protect the public peace, safety, health, and welfare of pedestrians and other users of the sidewalks, public right-of-ways, and public property (“Conditions of Approval”). The Director shall have the authority to add Conditions of Approval to modify, or suspend the Pilot Permit to address public peace, safety, health, and welfare issues arising from the Testing, including but not limited to conditions intended to promote safe operations within the High Injury Network. Upon the Director’s determination that the permittee has failed to comply with the Conditions of Approval, the Director shall provide the permittee with written notification of the time and date of a public hearing to consider the grounds for revoking, modifying, or suspending the Pilot Permit. Following the public hearing, the Director shall issue an order revoking or modifying the Pilot Permit for good cause. If the failure to comply with the Conditions of Approval poses an imminent threat to public safety, health, or welfare, the Director shall immediately suspend the permit pending a final decision to revoke or modify the Pilot Permit. The Director’s modification, revocation, or suspension of the Pilot Permit may be appealed to the Board of Appeals under subsection (h)(2). (2) Data Sharing. Each Pilot Permit permittee shall disclose the following information to Public Works and OET on a monthly basis in an aggregated form that preserves the privacy and the confidentiality of the identity of end users that are not employees, contractors, or subcontractors of the Pilot Permit permittee: (A) all data collected during the Testing of an Emerging Technology Device, including any Global Positioning System (“GPS”) or photographic data; (B) information regarding the San Francisco businesses that are incorporating the Testing of Emerging Technology Devices into their operations; and (C) incidents arising from the Testing of each Emerging Technology Device, including but not limited to, violations of the operational requirements set forth in subsection (j), incidents impacting public safety, public complaints or emergency calls regarding such Testing, any malfunctions or public tampering with a permitted device, or any collisions with street furniture, vehicles, or persons in the public right-of-way. (j) Operational Requirements. The Testing of Emerging Technology Devices shall comply with the following requirements, if applicable, and any additional requirements adopted by the Public Works Director as needed to protect the public health, safety, and welfare. To evaluate whether a permittee has complied with these requirements, Public Works shall seek the review and consultation of any other appropriate City department. (1) Speed limit. Emerging Technology Devices shall not travel more than three miles per hour while on an open public right-of- way. (2) Minimum Accessibility Requirements on Public Right-of-Ways. Emerging Technology Devices shall avoid obstructing the path of travel and shall avoid interfering with the following minimum right-of-way clearance requirements: (A) a six-foot clear path of travel in commercial corridors and four-foot clear path of travel in residential corridors; and (B) a minimum two-foot clearance is required along the curbside when operating adjacent to existing on-street parking. In addition, Emerging Technology Devices shall not block or obstruct an accessible route including, but not limited to, the pedestrian throughway zone (as defined in the San Francisco Better Streets Plan), and building facility entrances, public and private transit stops, passenger loading zones, and accessible on-street parking spaces. Emerging Technology Devices shall move out of an accessible route when a pedestrian is present and shall allow the unencumbered passage of pedestrians within the public right-of-way. Emerging Technology Devices shall not in any way impede or interfere with use of driveways or curb ramps, or access to or egress from buildings, driveways, fire escapes, Fire Department Connections (“FDC”), fire hydrants, street furniture, maintenance holes, public utility val

route when a pedestrian is present and shall allow the unencumbered passage of pedestrians within the public right-of-way. Emerging Technology Devices shall not in any way impede or interfere with use of driveways or curb ramps, or access to or egress from buildings, driveways, fire escapes, Fire Department Connections (“FDC”), fire hydrants, street furniture, maintenance holes, public utility valves, or other at-grade access points in the street or sidewalk. (3) Permissible Testing Areas. Permittees shall only be allowed to Test Emerging Technology Devices only on sidewalks or public right-of-ways not used by vehicles that can simultaneously accommodate the Testing of Emerging Technology Devices and paths of travel for persons with disabilities or have an effective sidewalk width of six feet and meet the minimum access requirements on the public-right-of way. (4) Traffic Signals. Emerging Technology Devices shall obey all signs and signals governing vehicular and pedestrian traffic. (5) Hazardous Materials. Emerging Technology Devices may not transport or carry waste or hazardous materials (including

flammables or ammunition). (6) Unique Identifier. Each permittee shall place a unique identifier on each Emerging Technology Device that also includes the permittee’s contact information. (7) Insurance Requirements. Each permittee shall obtain and have readily accessible proof of sufficient general liability, automotive liability, and workers’ compensation insurance. (8) Indemnification of City. Each permittee shall agree to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind allegedly arising directly or indirectly out of permittee’s Testing of Emerging Technology Devices on City sidewalks and public right-of-ways. (9) Storage or Parking. When any Emerging Technology Devices is not in use for Testing, each permittee shall store or park such Emerging Technology Devices on private property unless otherwise authorized by the Director for good cause. (10) Site Visits. Each permittee shall allow Public Works and any other appropriate City department to attend and observe one or more Testing sessions during the Pilot Term. (k) Public Works’ Report Regarding Pilot Permits. Prior to the expiration of the Pilot Term, Public Works shall provide a “Pilot Permit Performance Report” to the OET Director evaluating the performance of the PW Pilot Project, summarizing the data provided by permittees, and offering findings and recommendations regarding whether, based on the PW Pilot Project, the Emerging Technology Device may be operated safely and feasibly on City sidewalks or public right-of-ways beyond the Pilot Term. (l) Fines and Penalties. (1) Criminal Penalty. Any permittee that violates any of the provisions of this Section 723.5 shall be guilty of an infraction. Every violation determined to be an infraction is punishable by (A) a fine not exceeding $100 for the first violation within one year; (B) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (C) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation. No criminal penalty pursuant to this Section 723.5 may be imposed on the employee or staff of any company, corporation, or other business entity that is operating an Emerging Technology Device in violation of this Section 723.5 . A permittee that has been fined for a second or subsequent infraction herein may be authorized to submit a written request for a hardship waiver seeking to reduce the amount of the second or subsequent fine on the grounds that the permittee made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the permittee. (2) Civil Penalty. (A) The Public Works Director may request the City Attorney to maintain an action for injunction to restrain or summary abatement to cause the correction or abatement of a violation of this Section 723.5 and for assessment and recovery of a civil penalty and reasonable attorney’s fees for such violation. (B) Any person who violates this Section 723.5 may be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. The City Attorney may seek recovery of attorney’s fees and costs incurred in bringing a civil action pursuant to this subsection (l)(2). (3) Administrative Fine. In addition to the criminal and civil penalties authorized by subsections (l)(1) and (l)(2), Public Works employees designated in Section 38 of the Police Code may issue administrative citations for such violations. The administrative penalty or fine shall not exceed $1,000 per day for each violation. Administrative penalties shall be assessed, enforced, and collected in accordance with Section 39-1 of the Police Code and administrative fines shall be assessed, enforced, and collected in accordance with Administrative Code Chapter 100, which is incorporated by reference herein. (Amended by Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020) CODIFICATION NOTE

1. So in Ord. 291-19. SEC. 724. TEMPORARY OCCUPANCY OF STREET – PERMITS REQUIRED. (a) Street Space Occupancy Permit. A permit will be required for occupying any part of the street or sidewalk for building construction operations or for any other purpose, and shall be granted only to the owner or lessee of the premises fronting thereon or his or her authorized agent. (1) Material and equipment shall not occupy more than the designated parking lane width and not more than ½ of the official sidewalk width along the boundary of the fronting property unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space. For purposes of this Subsection, material and equipment shall mean only construction material used at the site, construction equipment, vehicles bearing the logo or other identifying information so that the City could verify

that it belongs to the contractor or a subcontractor working at the site and refuse containers for construction debris. For purposes of Section 724.1(b), material and equipment also shall include any material or equipment related to the proposed use. For purposes of this Subsection, parking lane width shall not exceed eight feet in width, and if such lane also is designated as a commute lane, such lane may not be occupied unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space. (2) A minimum clearance of four feet must be maintained at all times to accommodate pedestrian path of travel requirements. A minimum clearance of four feet, six inches must be maintained at all times between the materials and equipment and the outer rail of any railroad track. Clearance of materials from fire hydrants, fire alarm boxes and value covers shall be as required by the Fire Department. Clearance of materials from traffic signal controllers and pull boxes shall be as required by the Department of Public Works. (3) All sand, dirt or other materials shall be prevented from being blown or moved to other parts of the street, or from interfering with other property use. The gutters shall not be obstructed. (4) Lights, barriers, barricades, signs, cones, and other devices for pedestrian and traffic safety, and other requirements shall be provided as set forth in Department of Public Works orders or regulations. (5) For purposes of Sections 724 et seq., building construction operations shall include all work related to the construction, demolition, maintenance, repair, or replacement of a building. (b) Permit Applications. (1) An applicant for a permit shall submit to the Department a written request for a permit no sooner than 15 days prior to the initiation of the proposed occupation of street space. The permit request shall specify the duration and extent of the proposed occupancy and all other information as set forth in Departmental orders or regulations. (2) A permit applicant also shall request in writing the basis for any proposed modifications to standard permit requirements, such as extended hours of occupancy for the storage of materials and equipment. (3) If the request is to occupy part of the street or sidewalk for building construction operations, in no event may the duration of the proposed occupancy under the street space occupancy permit or any extensions thereof be longer than the Building Code allows for completion of work under the original building or site permit. A decision by the Department of Building Inspection to extend a building or site permit is not binding on the Director of Public Works for purposes of issuing a new street space occupancy permit or extending an existing permit. A new Director's authorization is required pursuant to Section 724(e) for continued occupation of the street or sidewalk space under such circumstances. (c) Permit Decisions. (1) The Director of the Department, in his or her discretion, may approve, conditionally approve, or disapprove a street space occupancy permit. When issuing permits, permit modifications, or extending the duration of permits, the Director may impose any conditions consistent with the public health, safety, welfare, and convenience, including, but not limited to, appropriate time, place, and manner restrictions and considerations to minimize neighborhood impacts. If the Director of the Department approves or conditionally approves a permit, said permit shall be issued on a monthly basis with a minimum term of one month and a maximum term of six months. In the absence of special conditions, a permit shall entitle the permittee to occupy the specified street space for a period no longer than 7:00 a.m.-6:00 p.m., seven days a week for the term of the permit. (2) Appeals. The Director's decision on a permit shall be appealable to the Board of Appeals. (d) Permit Modification. (1) On seven days' prior written notice to the Department, a permittee may seek to modify any terms or conditions of an existing valid permit except to extend the duration of a permit pursuant to subsection (e) or to obtain an additional street space occupancy permit pursuant to Sections 724.7 and 724.8. (2) A request for a permit modification shall be accompanied by a $50 processing fee. (e) Permit Extension. (1) No later than 15 days prior to expiration of a permit, a permittee may request in writing that a permit extension be granted to extend the duration of the street space occupancy. (2) In no event may the Director grant an extension of a street space occupancy permit for the purpose of building construction operations without confirmation by the Department of Building Inspection, or other proof to the satisfaction of the Director, that there is ongoing work at the site under an active building or site permit. (3) The Director shall treat a permit extension request like a new permit, and the Director, in his or her discretion, may issue or deny the extension or impose new or modified conditions on the permit extension. (4) The total inclusive duration of one or more extensions of a street space occupancy permit may not exceed 12 months. Any occupation of street or sidewalk space after that time shall require a new permit that is subject to appeal to the Board of Appeals pursuant to Subsection 724(c)(2). (f) Permit Revocation. All street space occupancy permits are revocable at the will of the Director. In addition, when, in the judgment of the Director of Public Works, the public interest or convenience will be served by the removal of the dirt, debris, materials, and equipment, or any portion thereof, from the street or sidewalk space, the Director shall modify, condition, or revoke the permit accordingly.

(g) Limit on the Number of Street Space Occupancy Permits and Extensions Issued for the Same Address. (1) In any Residential, Urban Mixed Use, named Neighborhood Commercial, or named Neighborhood Commercial Transit District as defined in the Planning Code, the Director may not grant more than six street space occupancy permits or permit extensions covering a continuous three-year period for the same address. Upon expiration of this three-year period, the Director may not grant a new street space occupancy permit for that same address, or an extension of such a permit for a period of two years thereafter. (2) The time limit specified in subsection (g)(1) is retroactive and applies to permits issued and permit extensions granted prior to the effective date of subsection (g)(1)*, whether or not there is ongoing work at the site under an active building or site permit; provided however, that the Director may grant a one-time extension for a period of time no longer than three months if the permittee demonstrates to the satisfaction of the Director, and the Department of Building Inspection confirms, that a building project at the site will receive its final inspection and sign-off within the extension of time granted.

• Editor's Note: Division (g), including its subdivision (g)(1), was added to this section by Ord. 167-16, effective 9/10/2016. (Amended by Ord. 31-85, App. 1/17/85; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 163-15 , File No. 150270, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/21/2016; Ord. 167-16 , File No. 160590, App. 8/11/2016, Eff. 9/10/2016; Ord. 223-25, File No. 250893, App. 11/21/2025, Eff. 12/22/2025)

(a) No permit shall be issued to a private or public entity for the temporary occupancy of the street for building construction operations unless a fee and public right-of-way occupancy assessment are paid. The fee shall be $26.11, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. In addition to the fee, the permit applicant shall pay a public right- of-way occupancy assessment of $173.26, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. For purposes of calculating fees and assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term. (b) For temporary street space occupancy for any purpose other than a building construction operation, the fee shall be $112.27 per day with no assessment cost. Unless specified otherwise, such occupation is subject to all provisions of Sections 724 et seq. (c) Nonprofit organizations with tax exempt status under the Internal Revenue Code shall be exempt from payment of the fee where the street occupancy is necessary for the development of low- and moderate-income housing as defined by the United States Department of Housing and Urban Development. (d) Refund. If a permittee elects to relinquish all or a portion of the occupied street space prior to termination of the permit, the permittee may seek a refund of fees and occupancy assessment from the Department. There shall be no fee charged for a refund request. Refunds shall be issued based only on one-month increments. (e) Fee and Assessment Review. Beginning with fiscal year 2012-2013, the permit fee and street occupancy assessment set forth in this Section 724.1 may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15 of each year, the Director shall submit the current fee and occupancy assessment schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule and occupancy assessment for the following year. No later than May 15 of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and occupancy assessment and certifying that: (1) the permit fees produce sufficient revenue to support the costs of providing the services for which the permit fee is assessed, and (1)1 the permit fees do not produce revenue which is significantly more than the costs of providing the services for which each permit fee is assessed. Notwithstanding the above, the Board of Supervisors, in its discretion, may modify the street occupancy assessment at any time. (f) Additional Fees. In instances where administration of this permit program or inspection of a street space occupancy is or will be unusually costly to the Department, the Director, in the Director’s discretion, may require an applicant or permittee to pay any sum in excess of the amounts charged above. This additional sum shall be sufficient to recover actual costs incurred by the Department and shall be charged on a time and materials basis. The Director also may charge for any time and materials costs incurred by other agencies, boards, commissions, or departments of the City in connection with the administration or inspection of the street space occupancy. Whenever additional fees are charged, the Director, upon request of the applicant or permittee, shall provide in writing the basis for the additional fees and an estimate of the additional fees. (Amended by Ord. 31-85, App. 1/17/85; Ord. 167-87, App. 5/14/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 197- 07, File No. 070811, App. 8/3/2007; Ord. 158-11 , File No. 110709, App. 8/1/2011, Eff. 8/31/2011; Ord. 163-15 , File No. 150270, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/21/2016; Ord. 196-24, File No. 240601, App. 7/31/2024, Eff. 8/31/2024; Ord. 142-25, File No. 250608, App. 8/1/2025, Eff. 9/1/2025; Ord. 223-25, File No. 250893, App. 11/21/2025, Eff. 12/22/2025) CODIFICATION NOTE

1. So in Ord. 142-25.

The permittee shall be required to repair all defects in, and to keep in repair, that part of the public right-of-way and associated public infrastructure, including, but not limited to streets, signs and parking meters, for which said permit is issued, which may be or become a hazard to any member of the public lawfully using the same during the time for which said permit shall be issued or upon termination or expiration of said permit. The permittee assumes this responsibility regardless of the cause of said defects and whether said defects develop while said permit is in effect. It shall be presumed that all defects were caused by the permittee unless the permittee can

demonstrate otherwise to the satisfaction of the Director. (Amended by Ord. 31-85, App. 1/17/85; Ord. 447-87, App. 11/12/87; Ord. 180-02, File No. 021067, App. 8/29/2002)

(a) Placards. A permittee shall display a placard at the site subject to a street space occupancy permit. The placard shall be mounted on the exterior of the fronting property, or where the site is vacant or it is impractical to mount the placard on the fronting property, the permittee may attach the placard on a post, pole, wall, or other object. A permittee shall mount the placard in a location where members of the public can easily read the required information but cannot tamper with the placard. The permittee shall mount the placard 72 hours in advance of the occupancy authorized in the permit, shall keep the placard posted for the entire term of the permit, and shall remove it immediately upon termination of the permit. All information contained on the placard shall be legible. The placard shall contain the following information: name of the permittee, a telephone number where the permittee can be reached during the hours of the permit, the duration of the permit including start and stop dates and hours of use, a geographic description of the street space occupied under the permit, the permit number, and the Department's street space hotline telephone number. The Department shall provide a placard to each permittee. It shall be the responsibility of the permittee to insert the required information, mount the placard, and ensure proper maintenance of the placard. If any required information on a placard must be modified, the permittee shall obtain a new placard rather than change the information on the existing placard. If the Director follows the procedures set forth in Section 724.4(b), he or she may waive or modify the provisions of this subsection as they pertain to a particular type of permitted activities. (b) Signs. Signs shall be posted every 20 linear feet of occupied space with at least one sign at each end of the occupied space. Signs shall contain the following information: the effective dates and times of the permit; the permit number; the Department of Public Works' street space hotline telephone number; and notice that if the Public Works Code requires an on-site placard, additional information about the permit may be found on the placard. The permittee shall post signs 72 hours in advance of the occupancy authorized in the permit and remove such signs upon termination of the permit. A permittee must maintain signs during the entire term of occupancy and during the hours specified in the permit. If any information required on a sign must be modified, the permittee shall install new signs rather than change the information on the existing sign. If signs are removed, modified, or altered in any way, it shall be the permittee's responsibility to install new signs containing the required information. (c) Good Neighbor Policy. Notwithstanding the above, if a permittee does not require use of the permit area for all hours covered by the permit, the permittee shall allow members of the public to park vehicles in legal parking spaces. Rules governing the good neighbor policy shall be developed pursuant to Section 724.4(b). (Amended by Ord. 31-85, App. 1/17/85; Ord. 401-87, App. 9/25/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 77-03, File No. 021854, App. 5/2/2003)

(a) All construction or demolition contractors shall be responsible for maintaining their work-sites in a reasonably clean and litter-free condition, including the removal of all refuse blown or deposited upon the site. The contractor shall provide a sufficient number of refuse receptacles or bulk containers for the disposal of loose debris, building material waste, and other refuse produced by those working on the site and shall maintain the site in such a manner as to prevent its dispersal by the wind or other elements. The sidewalks and streets shall be maintained in a clean manner and free from dirt or other materials produced by the demolition or construction. (b) In addition to the requirements set forth in this Section, the Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, placement of placards and signs, implementation of the good neighbor policy, site conditions, accessibility of sidewalks and streets. When such orders, policies, regulations or rules will affect the operations and enforcement of the Municipal Transportation Agency, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the Municipal Transportation Agency prior to adoption of such orders, policies, regulations, or rules. (Amended by Ord. 499-77, App. 11/4/77; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 287-08, File No. 081340, App. 12/5/2008)

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

exceeding $500 for the third and each additional violation within one year from the date of the first violation. (2) When a government official authorized to enforce this Section has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D. (c) Administrative Penalty. In the alternative to the criminal penalty authorized by Subsection (b) of this Section for violations of Section 724.4(a), Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for violations of Section 724(a). The administrative penalty shall not exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code. (Added by Ord. 31-85, App. 1/17/85; amended by Ord. 166-87, App. 5/14/87; Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 87-03, File No. 030482, App. 5/9/2003)

The Central Permit Bureau shall not issue a Certificate of Final or Temporary Completion and Occupancy for any project for which temporary street occupancy applications, permit fees or penalty fees are outstanding, or for which any required pavement or sidewalk restoration has not been satisfactorily completed. In addition, a person who is in wilful noncompliance with this Section shall not apply for nor be issued a new street space occupancy permit unless the Director, by written authorization, grants a waiver to this prohibition. Wilful noncompliance shall include, without limitation, deliberate acts that result in failure to: (a) satisfy any requirements, terms, or conditions of this Section, or the orders, policies, regulations, rules, or standard plans and specifications of the Department or (b) pay any outstanding assessments, fees, penalties set forth in this Section that have been finally determined by the City or a court of competent jurisdiction. (Added by Ord. 31-85, App. 1/17/85; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)

(a) Any person seeking to close off more than the designated parking lane width, as established in Section 724, and more than one- half of the official sidewalk width along the boundary of the fronting property must apply for an additional temporary street occupancy permit as provided for herein. A revocable permit for additional temporary street occupancy shall not be issued unless an application therefor is made to the Director of Public Works, and a fee and a public right-of-way assessment cost, as set forth in Section 724.8, are paid. The content of applications shall be in accordance with the policies, rules, and regulations of the Director of Public Works. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case. The application shall include both a reasonable estimate of the duration of construction, and an explanation of why an additional temporary street occupancy permit of the particular dimensions requested is necessary, and shall be accompanied by a nonrefundable additional permit application fee of $833.13. Requests for extensions of the original term shall be treated as new applications except that the application fee shall be $471.51. (b) No additional temporary street occupancy permit shall have a term of more than six months nor less than one month from the date of issuance. At the end of the original term or of any subsequent extension, the permittee may apply to the Director of Public Works for an extension not to exceed six months in duration. The Director of Public Works, in the Director’s discretion, may approve, conditionally approve, or disapprove the request for an extension. Said decision will be appealable to the Board of Appeals. (c) Applicants for additional street space shall make a written request for such permit no sooner than 30 days prior to initiation of the proposed occupation of additional street space. (d) Notwithstanding the time period for occupancy and permit requests specified above, an additional street space permit may be obtained on a daily basis, but in no case shall such occupancy extend beyond a two-week term. The fee for such daily permits shall be $50 per day with no assessment cost. An applicant shall make a written request for such daily permit no sooner than three days prior to initiation of the proposed occupation of additional street space. (e) Unless otherwise specified, all provisions of Sections 724 et seq. shall be applicable to additional street space occupancy. (Added by Ord. 31-85, App. 1/17/85; amended by Ord. 166-87, App. 5/14/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 142-25, File No. 250608, App. 8/1/2025, Eff. 9/1/2025)

An additional public right-of-way assessment cost shall be paid upon the issuance of such additional temporary street occupancy permit. The assessment cost shall be as follows: (a) for a building in Planning Code height district of 80 feet or less, the cost shall be $4 per additional square foot of occupation per month and (b) for a building in Planning Code height district of greater than 80 feet, the cost shall be $10 per additional square foot of occupation per month. For purposes of calculating the assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term. For the purpose of calculating the assessment cost, requests for extensions of permits shall be treated as new applications. (Added by Ord. 31-85, App. 1/17/85; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)

(a) The permittee, or its successors or assigns in interest, by acceptance of the permit agrees to indemnify, defend, protect, and hold harmless the City, including, without limitation, each of its commissions, departments, officers, agents, and employees (hereinafter in this subsection collectively referred to as "San Francisco") from and against any and all actions, claims, costs, damages, demands, expense, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorneys' fees and costs (collectively, "claims") of any kind allegedly arising directly or indirectly from: (1) Any act by, omission by, or negligence of the permittee, its contractors, subcontractors, or the officers, agents, or employees such entities, while engaged in the performance of the work authorized by the permit, or while in or about the property subject to the permit for any reason connected in anyway whatsoever with the performance of the work authorized by the permit, or allegedly resulting directly or indirectly from the maintenance, installation, or storage of any materials, equipment, or structures authorized under the permit; (2) Any accident, damage, death, or injury to any contractor or subcontractor, or any officer, agent or employee of either of them, while engaged in the performance of the work authorized by the permit, or while in or about the property for any reason connected with the performance of the work authorized by the permit, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by the permit; (3) Any accident, damage, death, or injury to any person(s) or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the work authorized by the permit from any cause or claims arising at any time; and (4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by permittee about, in, on, or under the public right-of-way subject to the permit or the environment. As used herein, "hazardous material" means any gas, material, substance, or waste which, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. "Release" when used with respect to hazardous materials shall include any actual or imminent disposing, dumping, emitting, emptying, escaping, injecting, leaching, leaking, pumping, pouring, or spilling. (b) Upon the request of San Francisco, the permittee, at no cost or expense to San Francisco, must indemnify, defend, and hold harmless San Francisco against any claims, regardless of the alleged negligence of San Francisco or any other party, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Each permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend San Francisco from any claims which actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to permittee by San Francisco and continues at all times thereafter. In addition, San Francisco shall have a cause of action for indemnity against each permittee for any costs San Francisco may be required to pay as a result of defending or satisfying any claims that arise from or in connection with the permit, except only for claims resulting directly from the sole negligence or wilful misconduct of San Francisco. Permittee agrees that the indemnification obligations assumed under the permit shall survive expiration of the permit. (Added by Ord. 447-87, App. 11/12/87; amended by Ord. 180-02, File No. 021067, App. 8/29/2002) SEC. 725. DEBRIS BOX DEFINED. A debris box for purposes of this Section 725 et seq. is any portable non-vehicular container offered by its owner for use as a means of disposal of waste materials by being placed for loading in, and by being transported through the streets of San Francisco and includes without limitation a “C&D Debris Box” as defined in Chapter 14 of the Environment Code, as amended from time to time. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

Debris boxes shall be used only for the following purposes: (a) The loading and transporting of excavated and waste materials derived from the construction, reconstruction, alteration, or demolition of real property structures, in accordance with Chapter 14 of the Environment Code and other laws as may be applicable; (b) The removal of debris and waste materials not required by law to be otherwise disposed of by owners, lessees, or occupants of real property. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

No person, firm, or corporation owning or operating a debris box or debris boxes shall place such box or boxes, or cause or allow the same, in any street areas of San Francisco without first obtaining all necessary authorizations and permits, which may include, without limitation, a permit under Environment Code Chapter 14 for use in connection with C&D Debris, and/or a street occupancy or building permit. (Amended by Ord. 72-87, App. 3/20/87; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

The Director of Public Works is authorized to order the immediate removal of a debris box from the public right of way when, in the Director’s opinion, the debris box constitutes a safety hazard or public nuisance, or when the presence of an emergency requires removal of the debris box. After notification by the Director of the removal order the debris box shall be removed immediately from the street area by its owner or operator. If the owner or operator does not remove the debris box from the public right of way immediately, the Director may order the Department of Public Works to remove the debris box. The owner or operator shall pay to the City the costs of removal. No debris box shall be placed at that location until the conditions which have caused the removal order shall have been abated to the satisfaction of said Director. (Amended by Ord. 72-87, App. 3/20/87; Ord. 255-92, App. 8/7/92; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(Amended by Ord. 72-87, App. 3/20/87; repealed by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(a) If placed in the public right of way, a debris box shall be placed in the roadway area of the street parallel to the curb with its outer edge no more than eight feet from the face of the curb. Its placement shall be further subjected to all laws relating to the prohibition of parking unless specifically exempted from compliance therewith by written approval of the Director of Public Works. Further, no debris box shall be placed in the sidewalk area without permission of said Director. (b) No debris box placed in a residential area shall be delivered or removed for transport through the streets of San Francisco between the hours of 7:00 p.m. and 6:00 a.m. (Amended by Ord. 72-87, App. 3/20/87; Ord. 281-91, App. 7/3/91; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

There shall be installed, on the exterior of the ends of each debris box placed in the public right of way, four reflective-type warning devices, each having a red reflecting area of at least three inches in diameter. The devices shall be so placed that one device shall be located near each edge that abuts the side of the box and that they shall be no less than 24 inches or more than 45 inches from ground level. Further, both ends of each box shall be painted entirely in four-inch wide alternate color diagonal stripings, the colors for which shall be as approved by the Director of Public Works. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

The owner’s name, address, and telephone number shall be clearly imprinted on both sides of each box placed in the public right of way in a manner approved by the Director of Public Works, along with any permit information as required by applicable laws. Imprinting other than such identification of the owner and permit information, and posting of advertisements are prohibited. (Amended by Ord. 72-87, App. 3/20/87; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

All contents of a debris box shall be completely covered at all times while being transported through San Francisco streets. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(a) A violation of any of the requirements in Sections 725 through 725.8 shall constitute: (1) An infraction punishable by a fine of $100, or (2) A misdemeanor, and any person, firm, or corporation upon conviction of such violation shall be punished by a fine of not more than $500 or by imprisonment in the County Jail for a period of not more than five days, or by both such fine and imprisonment. (b) Remedies under this Section 725.9 are in addition to and do not supersede or limit any and all other remedies, whether they be administrative, civil, or criminal. (Amended by Ord. 72-87, App. 3/20/87; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(a) The Director is hereby authorized to remove, or cause to be removed, any debris box placed in a street or sidewalk area in violation of the requirements of Sections 725-725.9 of this Article. Removal shall take place no earlier than 48 hours after notice is given describing the violation(s). The notice shall be both mailed to the debris box owner and placed in a conspicuous manner on the debris box, and shall contain the following: (1) The condition(s) violated, (2) The date and time of posting, (3) The location of the debris box, (4) The identify of the person giving the notice, (5) A statement giving notice of 48 hours to remedy the violation(s). (b) Debris boxes which have been removed may be recovered upon payment of a sum equal to the cost of removing said boxes including a 20 percent charge for administrative costs as determined by the Department of Public Works, and any costs incurred by the Department of Public Works in disposing of any materials contained in the debris boxes. Costs incurred as a result of removal under this Section are in addition to any fines or penalties incurred under Section 725.9. (Added by Ord. 72-87, App. 3/20/87)

The Director is hereby authorized to promulgate rules and regulations for compliance with Sections 725-725.10. (Added by Ord. 72-87, App. 3/20/87)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of Sections 725-725.10 of this Article or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of Sections 725-725.10 of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. (Added by Ord. 72-87, App. 3/20/87) SEC. 726. MOBILE STORAGE CONTAINERS ON PUBLIC RIGHT-OF-WAY – PERMITS REQUIRED. (a) Mobile Storage Container Permits. An annual and an individual location permit shall be required to occupy any part of the street or sidewalk with a mobile storage container. For purposes of this Section, mobile storage container shall mean a moveable container that is temporarily placed on the public right-of-way and is used by property owners or tenants for short-term storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials, and merchandise. Said containers shall be used only for the purpose of loading and transporting the items specified above or as set forth in the orders and regulations of the Department. (b) Annual Permit. Each company or individual that operates a mobile storage container business and plans to locate said containers on the public right-of-way in San Francisco shall obtain an annual permit from the Department of Public Works. Said permit will entitle the permit holder to place mobile storage containers on the public right-of-way subject to the provisions of Sections 726 et seq. (1) An applicant for an annual permit shall submit to the Department a written request for a permit no sooner than 15 days prior to initiation of the first occupation of the public right-of-way with a mobile storage container. The application shall contain the name of the company or individual seeking the annual permit, local contact information, an annual permit fee of $500.00, the deposit set forth in Section 726.3, and any other information specified in Departmental orders or regulations. (2) The Director, in his or her discretion, may approve, conditionally approve, or disapprove an annual mobile storage container permit. (3) The Director's decision on an annual permit shall be appealable to the Board of Appeals. (c) Individual Location Permit. An individual location permit shall be obtained for each mobile storage container that will be placed on the right-of-way. (1) Only annual permit holders may apply for an individual location permit. Said permit holders shall submit a written request to the Department no later than three days prior to occupation of the public right-of-way with a mobile storage container at a particular location. The application shall contain the name of the annual permit holder, local contact information for the permit holder, the

proposed location of the mobile storage container(s), name and contact information for the property owner or tenant who will use the container, and any other information specified in Departmental orders or regulations. (2) An individual location permit fee shall be $50.00 for one day, where the permit is to be issued for a period not to exceed 24 hours, or $100.00 for the first three days of occupancy on the right-of-way. Thereafter, the fee amount shall be $50.00 per container per day of occupancy on the right-of-way location. Said fee or fees may be paid separately for each individual location permit or deducted from the deposit, set forth in Section 726.3. (3) No individual location permit shall be issued for a period that exceeds seven days. (4) The Director, in his or her discretion, may approve, conditionally approve, or disapprove an individual location permit for the mobile storage container. (5) The Director's decision on an individual location permit shall be appealable to the Board of Appeals. (d) All mobile storage container permits, whether annual or individual location, are revocable at the will of the Director. In addition, when, in the judgement of the Director, the public interest or convenience will be served by removal or relocation of a mobile storage container from the public right-of-way, the Director shall modify, condition, or revoke the permit accordingly. (e) The fees set forth above shall be reviewed and modified, as applicable, pursuant to Section 724(e). (Added by Ord. 170-03, File No. 021726, App. 7/3/2003; amended by Ord. 36-04, File No. 040055, App. 3/19/2004)

(a) A mobile storage container shall not occupy more than the designated parking lane width or more than ½ of the official sidewalk width along the boundary of the fronting property unless the Director grants permission for a variance of the standard. (b) Mobile storage containers shall be placed level to the slope the public right-of-way, parallel to the curb, and in front of the property owned or leased by the individual or entity renting the mobile storage container. No mobile storage container shall be located on a public right-of-way with a slope greater than 17%. No portion of a mobile storage container shall extend over parking lane, over a warped driveway, or over a subsidewalk basement elevator. (c) Mobile storage containers shall not exceed weight maximums specified in the Department's street loading design parameters. (d) No mobile storage container that is or will be placed in a residentially zoned area shall be delivered or removed for transport between the hours of 7:00 p.m. and 6:00 a.m. (e) Additional siting requirements shall be those set forth for temporary street occupancy pursuant to Public Works Code Section 724(a)(2)-(4) and in the orders and regulations of the Department. In addition, a minimum clearance of six feet shall be maintained at all times on sidewalks within the C-3 zoning district. (f) No exception from the siting requirements shall be authorized unless a permittee makes a written request for such exception to the Director. The Director, in his or her own discretion, may approve, conditionally approve, or deny such exception. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

(a) An individual location permit sign shall be posted on the street-facing side of each storage container. The sign shall include the name of the annual permit holder, a 24-hour local contact person and telephone number for such permittee, the name and address of the property owner or tenant who is renting the storage container, the duration of the permit with the start and stop date, a geographic description of the public right-of-way occupied under the permit, the annual and individual location permit numbers, and the Department's street space hotline telephone number. All information contained on the sign shall be legible. An additional sign shall be posted on the storage container's side that faces the fronting property. This informational sign shall include a 24-hour local contact person and telephone number for the permittee and the Department's street space hotline telephone number. The Department shall provide sign templates for each annual permit holder. It shall be the responsibility of the annual permittee to insert the required information, mount the sign, keep the sign posted during the entire term of the permit, and ensure proper maintenance of the sign. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

(a) Each annual permit applicant shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the annual permittee under any permit(s) for mobile storage containers and the compliance with all terms and conditions of this Section (the "deposit"). The deposit shall be in the sum of $30,000 in favor of the "Department of Public Works, City and County of San Francisco." (b) An annual permittee may request the Department to deduct the individual location permit fees from a single deposit. After approving such request, the Department will automatically deduct said permit fees so long as a constant balance of $25,000 is maintained on file with the Department. If the permittee elects to renew his or her annual permit and the permittee's deposit exceeds $30,000, the Department shall refund the excess to the permittee unless the permittee requests that the excess be applied to a new annual permit or

other charges pursuant to Sections 726 et seq. If the permittee elects to terminate his or her permit at any time during the annual permit term or if the permittee fails to renew his or her annual permit, the Department shall refund the deposit less any outstanding obligation owed to the Department pursuant to Sections 726 et seq. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

(a) Each annual permittee shall maintain in full force and effect throughout the term of the permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Controller and Risk Manager. Policy or policies shall afford insurance covering all operations, vehicles, and employees, as follows: (1) Workers' compensation with employers' liability limits not less than $1,000,000 each accident. (2) Commercial general liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, explosion, collapse, and underground (xcu), products, and completed operations, and (3) Business automobile liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, nonowned, and hired auto coverage, as applicable. (b) Said policy or policies shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. Said policy or policies shall be endorsed to provide 30 calendar days advance written notice of cancellation or any material change to the Department. (c) Should any of the required insurance be provided under a claims-made form, the insured annual permittee shall maintain such coverage continuously throughout the term of the permit to the effect that, should occurrences during the term of the permit give rise to claims made after expiration or termination of the permit, such claims shall be covered by such claims-made policies. (d) Such insurance shall in no way relieve or decrease annual permittee's obligation to indemnify the City under Section 724.9. (e) Certificates of insurance, in the form satisfactory to the Department, evidencing all coverages above, shall be furnished to or maintained on file with the Department before issuance of an annual permit, with complete copies of policies furnished promptly upon the Department's request. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

(a) In addition to the provisions of Sections 726 et seq., mobile storage container occupancy of the public right-of-way shall be subject to Sections 724.1(f), 724.2, 724.5, 724.9, and 725.6 of this Code. (b) Mobile storage containers shall be completely covered at all times while being transported through City streets. (c) It shall be the responsibility of the annual permittee to keep the exterior of his or her mobile storage container clean and free of graffiti at all times. (d) Notwithstanding any other applicable provisions of this Code, the Director of Public Works is authorized to order the immediate removal of a mobile storage container when, in his or her opinion, the storage container constitutes a safety hazard or public nuisance, or when the presence of an emergency requires removal. After the Director's notification of the removal order, the responsible annual permit holder or person shall immediately remove the storage container from the street. If the permittee or person does not remove the storage container immediately, the Director may order the Department of Public Works to remove the container. The permittee or person shall pay to the City the costs of removal. If a permittee does not pay such cost, the Director shall deduct said cost from the permittee's deposit. No mobile storage container shall be placed at that location until the conditions, which have caused the removal order, shall have been abated to the satisfaction of said Director. In addition, any use of the mobile storage containers that is inconsistent with Sections 726 et seq. shall be grounds for immediate removal. (e) A person who is in wilful noncompliance with Sections 726 et seq. shall not apply for nor be issued an annual mobile storage container permit or an individual location permit unless the Director, by written authorization, grants a waiver to this prohibition. Wilful noncompliance shall include, without limitation, deliberate acts that result in failure to: (1) satisfy any requirements, terms, or conditions of Sections 726 et seq., or the orders, policies, regulations, rules, or standard plans and specifications of the Department or (2) pay any outstanding assessments, fees, or penalties set forth in Sections 726 et seq. that have been finally determined by the City or a court of competent jurisdiction. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

The Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, accessibility of sidewalks and streets. When such orders, policies, regulations, or rules will affect the operations and enforcement of the Department of Parking and Traffic, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the Director of the Department of Parking and Traffic prior to adoption of such orders, policies, regulations, or rules. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

In adopting this Ordinance, the Board of Supervisors does not intend to regulate or affect the rights or authority of the Federal or State government to do those things that are required, directed, or expressly authorized by Federal or State law or administrative regulation. Further, in adopting this Ordinance, the Board of Supervisors does not intend to prohibit that which is prohibited by Federal or State law or administrative regulation. In the event that a court or agency of competent jurisdiction holds that Federal or State law, rule or regulation invalidates any clause, sentence, paragraph, or section of Sections 726 et seq. or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence, paragraph, or section so that the remainder of Sections 726 et seq. shall remain in effect. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003) SEC. 727. DRIFTING OR BLOWING OF SAND OR DIRT DECLARED TO BE A PUBLIC NUISANCE. Sand or dirt drifting or being blown upon the streets or sidewalks or upon the improved private property of any community, neighborhood or a considerable portion thereof, within the City and County, is hereby declared to be a menace to persons, property and/or vehicular traffic and a public nuisance. The Director of Public Works may enforce and abate nuisances under this Section in accordance with the procedures set forth in the Community Preservation and Blight Reduction Act, Chapter 80 of the San Francisco Administrative Code, including, but not limited to, its provisions for notice, abatement, penalties, cost recovery, and debt collection. (Amended by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 728. RESERVED. (Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 729. RESERVED. (Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 730. RESERVED. (Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 731. RESERVED. (Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 732. RESERVED. (Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 733. RESERVED. (Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 734. RESERVED. (Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 735. BLIGHTED VACANT LOTS AS CONSTITUTING PUBLIC NUISANCE. (a) Definitions. For purposes of this Section, each of the following terms shall have the following meaning:

(1) "Blighted Vacant Lot" means property that: (A) contains no buildings or structures that are occupied, inhabited, used or secured so that the public may not gain entry without consent of the owner; and (B) has any accumulation of filth, garbage, decaying animal or vegetable matter, waste paper, weeds, vegetation overgrowth, dead or decaying trees, litter, trash, unsanitary debris, waste material, animal or human excrement, toxic or otherwise hazardous liquids, substances and/or material residue, residue from the burning of combustible materials or discarded household, industrial or mechanical materials, or is otherwise not kept in a clean and sanitary condition. (2) "City" means the City and County of San Francisco. (3) "Director" means the Director of Public Works or his or her designee. (4) "Property Owner" means the owner of record of the property as set forth in the most current records of the Tax Assessor, or the owner's authorized agent. (b) Declaration of Nuisance. Blighted vacant lots are hereby declared a public nuisance subject to abatement by the Director of Public Works in accordance with the procedures set forth in the Community Preservation and Blight Reduction Act, Chapter 80 of the San Francisco Administrative Code, including, but not limited to, its provisions for notice, abatement, penalties, cost recovery, and debt collection. (c) Prohibition. It shall be unlawful for a property owner to maintain a blighted vacant lot in violation of this Section. (Added by Ord. 265-04, File No. 041178, App. 11/4/2004; amended by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) SEC. 759. TRANSPORTATION OF SAND OVER PUBLIC STREETS PROHIBITED. It shall be unlawful for any person to use any cart, wagon or other vehicle for the purpose of transporting sand, earth or rock along or over any public street, unless such vehicle be so constructed as to prevent the deposit of the contents thereof, in whole or in part, in or upon any public street along or over which such vehicle may be driven. SEC. 760. PERMIT REQUIRED – REVOCATION. It shall be unlawful for any person to use any vehicle for any of the aforesaid purposes set forth in Section 759 of this Article, without first obtaining a permit therefor from the Department of Public Works, which permit may be revoked at any time by said Department of Public Works for just and sufficient cause. SEC. 771. DRAINING, ETC., OIL, GREASES, ETC., ON STREETS. It shall be unlawful for any person, firm, association or corporation or agent or employee thereof, to drain or dump or deposit upon any street, avenue, alley, sidewalk, park, or public place, or into any sump, gutter, catchbasin, drain, manhole, conduit, sewer, lake or waterway within the limits of the City and County of San Francisco, any tar, asphaltum, gasoline, lubricating oil, greases, waste oil from automobile, motorcycle or truck crankcases, or any by-product of petroleum.

SEC. 776. BLASTING – PERMIT REQUIRED. It shall be unlawful for any person, firm or corporation to explode or cause to be exploded any dynamite, gunpowder or other explosive material for the purpose of breaking up earth, rock, concrete or other material by means of blasting; or drill a hole or make a crevice for the purpose of inserting any explosive material for the purpose of blasting, without first obtaining from the Department of Public Works a permit to do so. (Amended by Ord. 150-61, App. 6/22/61) SEC. 777. BLASTING – APPLICATION FOR PERMIT. Application for a permit for blasting shall be made to the Central Permit Bureau on the form provided by that Bureau. (Amended by Ord. 150-61, App. 6/22/61) SEC. 778. BLASTING – FEE TO BE PAID; INSURANCE TO BE CARRIED. Prior to the receipt of a permit the applicant shall deposit with the Central Permit Bureau an amount sufficient to cover the cost of the fee required for such a permit, and shall file with the Central Permit Bureau the original or duplicate-original of a single limit liability insurance policy or policies as called for herein. (a) Fee. The amount of the fee and deposit which shall be paid by an applicant will be determined by the Department of Public Works and will be based upon an estimate of the total cost of processing the application and inspecting the work, including salary and overhead costs. A fee of $40 will be charged for processing the application, which amount will be retained by the Department in all cases. In addition to this fee an amount shall be deposited which will be sufficient to cover the estimated total cost of inspection services, including salary and overhead. At the termination of the blasting work, if the cost of inspection is less than the amount which was deposited for that purpose, the surplus shall be refunded to the permittee; and if the inspection costs exceed the amount deposited, the permittee shall be indebted to the Department of Public Works for this amount. (b) Insurance. The applicant shall procure and maintain during the life of the permit a policy or policies of public liability and property damage insurance issued by an insurer or insurers satisfactory to the Director of Public Works and in form approved by the City Attorney. The insurance policy or policies shall insure the applicant, the owners of the premises upon which the blasting is to take place, the contractor who shall actually engage in the blasting, and the officers, agents and employees of all such persons, the Director of Public Works, the City and County of San Francisco and its officers, employees and agents in their respective capacities. Said policy or policies shall insure against liability for damages or bodily injury, wrongful death and property damage directly or indirectly resulting from the nature of the work authorized under the permit, the blasting operations conducted under said permit, or the acts, omissions, operations or conduct of the applicant, the contractor, the owners of the premises upon which the blasting is to take place, the Director of Public Works, the City and County of San Francisco, and the acts or omissions, operations or conduct of the officers, employees and agents of any of the foregoing, directly or indirectly related to the work authorized by the permit and the blasting operations conducted thereunder, irrespective of whether fault is the basis of liability, and irrespective of whether any act, omission or conduct of the Director of Public Works, the City and County of San Francisco, its officers, agents and employees, connected or unconnected with the permit, the work or blasting operations authorized thereunder, is a condition or cause, contributory or otherwise, of the accident, injury, death or damage. Provided further, that said policy or policies of insurance shall insure against liability irrespective of whether the act, omission, conduct or operations of the applicant, the contractor, or the owner of the premises upon which the blasting is to take place, is merely a condition rather than a cause of the accident, injury, death or damage. The amount of the single limit policy shall be determined for each permit by the Director of Public Works. Each policy shall contain a paragraph reading as follows: "This policy is issued to comply, and it does comply, with the provisions of Section 778(b) of the San Francisco Municipal Code, Part II, Chapter X, Article 15. If any question shall hereafter arise concerning the risks intended to be insured against by this policy, said question shall be determined by reference to the language of said Section 778(b), which said provisions are hereby made part of this contract of insurance by reference thereto and incorporated herein as if fully set forth." Each policy covering more than one insured shall contain the standard cross-liability provision. The applicant shall file contemporaneously with execution of the permit, and thereafter shall maintain with the Department of Public Works, the policy or policies of insurance herein required, or duplicate originals thereof. Each said policy shall provide that no cancellation of or reduction in coverage shall become effective until at least 10 days after receipt by the Director of Public Works of written notice thereof sent registered mail, return receipt requested. If the life of the permit extends beyond the expiration date of any

policy so filed, the renewal of such insurance shall be filed with the Department of Public Works at least 10 days before such expiration. (c) Indemnification. The applicant shall take and assume all responsibility for the work and the blasting operations authorized by the permit. As between the applicant and the City and County of San Francisco, the applicant shall bear all losses and damages directly or indirectly resulting to the City or others on account of the character or performance of the work and the blasting operations authorized by the permit, unforeseen difficulties, accidents or any other causes whatsoever. The applicant shall assume the defense of and indemnify and save harmless the Director of Public Works, the City and County of San Francisco, and its officers and employees, from all claims, loss, damage, liability and injury of every kind, nature or description, directly or indirectly resulting from the nature of the work or the blasting operations authorized by the permit or in any way arising out of the permit, the issuance thereof, or the work or blasting operations authorized thereunder, irrespective of whether fault is the basis of liability or claim, and irrespective of whether any act, omission or conduct of the Director of Public Works, the City and County of San Francisco, or its officers, agents and employees, connected with the permit, or the work or blasting operations authorized under the permit, is a condition of or cause, contributory or otherwise, of the claim, loss, damage, liability or injury. Provided further, that such indemnification shall be irrespective of whether the act, omission or conduct of the applicant is merely a condition, rather than a cause, of the claim, loss, damage, liability or injury. (Amended by Ord. 150-61, App. 6/22/61; Ord. 401-87, App. 9/25/87) SEC. 779. BLASTING – USE OF EXPLOSIVES. In addition to the applicable requirements of the California Health and Safety Code, the Safety Orders issued by the Division of Industrial Safety, Department of Industrial Relations of California, or any other applicable State or City and County laws or regulations, the following regulations shall be complied with: (a) Blasting operations shall be conducted only during the hours determined by the Department and specified on the permit. (b) The type of explosive material to be used shall be approved by the Department and specified on the permit. (c) Only electric blasting caps shall be used. (d) When directed by the Department a protective mat shall be used to cover the explosive areas. (e) The Department reserves the right to halt any blasting operation when, in the opinion of the Department representative, such operation is not under the supervision of a competent person having the abilities which qualify him to safely perform the work. (Added by Ord. 150-61, App. 6/22/61) SEC. 780. BLASTING – MONEY DEPOSITED TO DEFRAY INSPECTION COSTS. All moneys paid for inspection services to the Department of Public Works under the provisions of Section 778 shall be deposited with the Treasurer to the credit of the appropriation for "Engineering Inspection." (Added by Ord. 150-61, App. 6/22/61) SEC. 783. PROPERTY BELOW GRADE – BARRIERS REQUIRED. Every person, firm or corporation owning or having control of any premises fronting on any public street, and below the grade thereof, must, within five days after notice from the Director of Public Works, requiring the owner or person having control of such premises so to do, erect, without cost or expense to the City and County, a suitable barrier or barricade, upon the inner line of the sidewalk in front of such premises. SEC. 784. LIGHTS AND BARRIERS IN STREETS WHEN REQUIRED. Every person, firm or corporation, including the City and County of San Francisco, under whose immediate direction or authority, either as principal, contractor, or employer, any portion of any public street, park or way may be made dangerous, must erect and so long as the danger may continue maintain around the portion of such street, park or way so made dangerous, a substantial barrier and cause to

be maintained at both ends of such barrier and at such other portions thereof as may be deemed necessary by the Director of Public Works during every night from sunset until daylight, lighted lanterns and flares. Said barrier shall also be marked, designated or delineated by a reflector or reflectors or other device or devices which shall properly warn persons of said dangerous condition in the event of failure of the lighted lanterns or flares to operate properly, or when the use of said lighted lanterns or flares be prohibited during periods of dimout or blackout required of the general public. The type, character and number of said reflectors or devices shall be designated and approved by the Director of Public Works provided, however, that whenever the City and County of San Francisco or any of its departments or agencies is having work performed under contract the obligation of maintaining barriers, lights, flares, reflectors or other warning devices shall rest upon the contractor and not upon the City and County of San Francisco, its agencies or departments. SEC. 786. STREET (MAJOR) ENCROACHMENT PERMIT. (a) The Board of Supervisors by resolution may approve, conditionally approve, or deny applications for a street encroachment permit, also known as a major encroachment permit, to occupy the public right-of-way, as defined in Section 2.4.4, after the Public Works Director processes the permit application in accordance with the requirements of Sections 786 et seq. The Director’s processing of permits shall include a recommendation on the application to the Board of Supervisors. The street encroachment permit shall contain an encroachment agreement that provides additional detail on the permittee’s rights and obligations under the permit, including maintenance of the encroachment, and establishes the regulatory relationship between Public Works and the permittee for implementation of the permit. The encroachment agreement also shall include a permittee maintenance monitoring and reporting program for Public Works’ use in determining compliance with the permit terms. There is no appeal of the Board of Supervisors decision on such permits. (b) For multi-phase or large-scale development projects, such as projects with a City-approved development agreement, the Board of Supervisors may approve, conditionally approve, or deny an application for a master street encroachment permit that applies to all or a portion of the development project site. As part of the Board of Supervisors approval or conditional approval of such master permit, the Board may provide for the contiguous and non-contiguous annexation of new areas of the project site into the master permit and assignments of obligations from the original permittee to the permittee’s agent or assignee. The Board also may delegate to the Director of Public Works the ability to divide the master permit into separate master permits or individual street encroachment permits. If the Director determines in writing that a delegated action specified in this subsection (b) would involve entirely new or significantly modified encroachments that were not included as part of the Board of Supervisors approval of the multi-phase or large-scale development project or the initial master encroachment permit, then the Board of Supervisors shall approve, conditionally approve, or deny such encroachments as part of a new or modified master street encroachment permit. Notwithstanding Public Works Code Section 706 or other Municipal Codes that place sidewalk maintenance responsibility on fronting property owners, the Board of Supervisors may authorize the master street encroachment permittee or the permittee’s agent or assignee, such as a homeowners’ association, to comply with the terms of the Section 706 in lieu of the fronting property owner. (c) All street encroachment permits are non-exclusive and revocable. As a condition of permit revocation, the permittee shall restore the public right-of-way to a condition satisfactory to the Public Works Director at the permittee’s sole and absolute expense. (d) The Director, in his or her discretion, may recommend denial of a street encroachment permit application. The Director shall notify the applicant in writing of this recommendation. The Director shall hold an administrative hearing on his or her recommendation to deny the application and issue a written decision on the recommendation to deny within a reasonable period after the hearing. If the basis for the denial decision relates solely to engineering design, the Director’s denial decision constitutes a final decision that is not subject to appeal. If the basis for the denial decision is solely for reasons unrelated to engineering design, the applicant may appeal the Director’s denial decision to the Board of Supervisors within 30 days of the date of the Director’s written decision. The applicant’s appeal shall be filed in writing with the Clerk of the Board of Supervisors and accompanied with 1) a copy of the Director’s written decision, 2) checks in the amount of $635 for the Clerk of the Board of Supervisors and $400 for Public Works to compensate the City for its cost related to the appeal, and 3) documentation that constitutes evidence to support the appeal. The Clerk shall conditionally accept an appeal subject to a determination that the appellant filed the appeal in a timely manner and the appeal complies with the requirements of this Section 786(d). The Clerk shall provide notice to the appellant of the conditional acceptance. Within seven working days of the filing of the appeal, the Clerk shall mail notice to the appellant and the Public Works Director of the acceptance or rejection of the appeal. The Clerk shall schedule a hearing on the appeal before the full Board of Supervisors no less than 15 and no more than 45 days from the appeal filing. The Clerk shall provide mailed notice of the appeal to the appellant, Public Wor

seven working days of the filing of the appeal, the Clerk shall mail notice to the appellant and the Public Works Director of the acceptance or rejection of the appeal. The Clerk shall schedule a hearing on the appeal before the full Board of Supervisors no less than 15 and no more than 45 days from the appeal filing. The Clerk shall provide mailed notice of the appeal to the appellant, Public Works Director, and all organizations and individuals who previously requested notice in writing no less than 10 days prior to the date the appeal is scheduled for a Board of Supervisors hearing. The Board of Supervisors shall act by motion on a majority vote within 30 days of the date for the appeal hearing. However, the Board of Supervisors may postpone a decision if the Board does not conduct at least three regular Board meetings during such 30 days period. If such postponement occurs, the Board of Supervisors shall decide such appeal within 60 days of the date for the appeal hearing or at the next regularly scheduled Board meeting should such deadline fall within a Board recess. If the Board of Supervisors revokes the street encroachment permit, it shall adopt findings concerning the basis for revocation and the cost of any revocation and associated restoration. The Board also shall identify the responsible party that shall bear such revocation and restoration cost if it is a party other than the permittee. In addition, if the Board revokes the permit after a hearing initiated under subsection (e)(2)(B)(iv), the Board shall adopt findings concerning each of the grounds for revocation that the public revocation petition cites. Failure of the Board of Supervisors to act shall be deemed an approval of the Director’s decision. The Board of Supervisors decision on appeal is final and there is no appeal. (e) (1) The Director, in his or her discretion, may recommend revocation of a street encroachment permit. The Director shall notify

the permittee in writing of this recommendation. The Director shall hold an administrative hearing on the recommendation to revoke the permit and issue a written decision on the recommendation to revoke within a reasonable period after the hearing. Prior to the administrative hearing, the Director shall develop an estimate of the cost of any revocation and associated restoration and identify the responsible party that shall bear such cost if it is a party other than the permittee. The Director shall provide this cost estimate to the permit holder in advance of the administrative hearing and include the estimate in the hearing’s administrative record. The permittee may appeal the Director’s decision to revoke to the Board of Supervisors within 30 days of the date of the Director’s written decision. The appeal process shall be the same as specified in Section 786(d). (2) (A) (i) The public may petition the Public Works Director to revoke a permit. Within 14 days of the receipt of the public revocation petition, the Director shall determine if the petition complies with the requirements of this subsection (e)(2) and notify the lead petitioner and permit holder of the Director’s decision to accept the petition and schedule an administrative hearing on a specific date or to deny the petition. The Director’s decision to accept or deny the petition constitutes a final decision that is not subject to appeal. (ii) If the Director accepts the petition, the Director shall schedule an administrative hearing no earlier than 60 days and no later than 90 days after the date of petition acceptance in order to provide the permit holder with an opportunity to cure the problems associated with the permit as identified in the petition. At the administrative hearing, the Director shall provide the permit holder with an opportunity to present evidence that the permit holder has cured the problems identified in the petition. (iii) Prior to any administrative hearing on the petition, the Director shall develop an estimate of the cost of any revocation and associated restoration and identify the responsible party that shall bear such cost if it is a party other than the permittee. The Director shall provide this cost estimate to the lead petitioner and the permit holder in advance of the administrative hearing and include the estimate in the hearing’s administrative record. (B) (i) Within a reasonable period after the administrative hearing, the Director shall issue a written decision on the permittee’s cure, if any, and the public revocation petition and find, based on the public interest, that the Director will reject the petition, approve the petition, or initiate revocation of the permit on grounds other than those identified in the petition. The Director shall mail notice of this decision to the lead petitioner, the permit holder, and the Clerk of the Board of Supervisors. (ii) If the Director approves the revocation petition or initiates revocation of the permit on grounds other than those identified in the petition, the Director shall proceed with the permit revocation process as specified in subsection (e)(1), including scheduling a new administrative hearing on the Director’s revocation decision. (iii) If the Director rejects the petition based solely on engineering design, the Director’s decision constitutes a final decision that is not subject to appeal and the petition is null and void. If the Director rejects the petition based solely on a determination that the permit holder has successfully cured the problems identified in the petition, the Director’s decision constitutes a final decision that is not subject to appeal and the petition is null and void. (iv) If the Director’s decision to reject the petition is neither based solely on a determination of successful cure nor based solely on engineering design, then five members of the Board of Supervisors may subscribe to a notice of appeal to reverse the Director’s decision and revoke the permit. Said notice of appeal shall be filed with the Clerk of the Board of Supervisors within 30 days of the date of the Director’s written decision rejecting the petition. (v) If the Director does not issue a final written decision resolving a petition filed under this subsection (e)(2) within 180 days of the filing of the petition, then five members of the Board of Supervisors may subscribe to a notice requesting an administrative hearing regarding the permit revocation at the Board of Supervisors. For purpose of this subsection (e)(2)(B)(v), a final written decision shall be a written decision that the petition does not comply with the requirements of this subsection (e)(2) or a written decision regarding the petition following an administrative hearing under subsection (e)(2)(B). The notice of appeal shall be filed with the Clerk of the Board of Supervisors. The notice of appeal and the scheduling and conduct of the hearing shall be subject to the terms of subsection (e)(2)(C). Upon the filing of the notice of appeal, the Director shall be deemed to have rejected the petition, and the filing of the notice of appeal shall divest from the Director the authority to schedule and hold an administrative hearing and to issue a decision under this subsection (e). Prior to the Board of Supervisors’ hearing, at the request of the Clerk of the Board and within a time frame determined by the Clerk in the Clerk’s sole discretion, the Director shall provide to the Board, the lead petitioner, and the permit holder a report estimating the cost of any revocation and associated restoration and identifying the responsible party that shall bear such cost if it is a party other than the permittee. The Director’s failure to provide such a report shall not invalidate the Board of Supervisors’ hearing nor its decision. (C) The signature of members of the Board on the

lead petitioner, and the permit holder a report estimating the cost of any revocation and associated restoration and identifying the responsible party that shall bear such cost if it is a party other than the permittee. The Director’s failure to provide such a report shall not invalidate the Board of Supervisors’ hearing nor its decision. (C) The signature of members of the Board on the notice of appeal shall not be deemed to be any indication of their position on the merits of the appeal but rather shall indicate only that they believe there is sufficient public interest and concern in the matter to warrant a hearing by the Board of Supervisors. The scheduling and conduct of the appeal hearing shall be the same as specified in Section 786(d) once the Clerk of the Board of Supervisors receives the notice of appeal from five members of the Board, except that the Clerk shall notify the lead petitioner identified under subsection (e)(2)(D) and the permit holder instead of notifying an appellant as there is no appellant. (D) A valid public revocation petition for purposes of this subsection (e)(2) shall be a single petition subscribed by no less than 25 San Francisco residents from the Supervisorial district in which the street encroachment permit is located. Each signature on the petition shall be notarized and accompanied with the address of the petitioner. A petition is valid only if it includes documentary evidence of one or more of the following grounds for revocation of the street encroachment permit: (i) the permittee has failed to maintain the encroachment under the terms of the permit, (ii) the encroachment presents a significant health or safety hazard, or (iii) the encroachment creates severe and negative impacts on the surrounding neighborhood that cannot be mitigated. For any street encroachment permit issued prior to June 1, 2017, a valid petition shall include any of the evidence identified in this subsection (e)(2)(D) (i)-(iii) or evidence that revocation of the permit would serve a public purpose. The petition shall identify a lead petitioner for purposes of receiving mailed notice of any Director decisions related to the petition. No more than one petition for the subject street encroachment permit shall be submitted in a single year-long period and the signatures and notary statements for that petition shall be affixed no more

than six months prior to the date of submission. (f) Beginning with fiscal year 2018-2019, the appeal fees in Section 786(d) may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Director and Clerk of the Board of Supervisors shall submit the Department’s and Clerk’s current fee to the Controller, who shall apply the price index adjustment to produce a new fee for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee and certifying that: (a) the fees produce sufficient revenue to support the costs of providing the services for which the fee is charged and (b) the fees do not produce revenue that exceeds the costs of providing the services for which each permit fee is charged. Notwithstanding the procedures set forth in this subsection (f), the Board of Supervisors, in its discretion, may modify the fees by ordinance at any time. (g) For purposes of Sections 786 et seq., except as otherwise provided in this subsection (g), a street encroachment permit shall include, but is not limited to, an encroachment above and/or below ground that extends beyond the centerline of the public right-of-way, one or more encroachments that occupy the public right-of-way adjacent to more than one property owner and the applicant(s)/permittee(s) proposes it collectively as a single permit, an encroachment where the applicant/permittee is not the property owner adjacent to the encroachment, an encroachment that exceeds one or both of the occupation limits specified in Section 723.2 governing minor sidewalk encroachments or its successor Section, and any encroachment that the Director determines to have significant impacts to the public right-of-way. A Tier 1 or Tier 2 Love Our Neighborhoods Project, as defined in Section 723.1(b), shall not be required to obtain a street encroachment permit pursuant to Sections 786 et seq. (h) If a street encroachment permit involves street reconstruction and occupancy of the majority of a through street segment or an intersection, the design shall provide for communication services as defined in Subdivision Code Section 1336 if the permittee is not providing such services as part the development of real property adjacent to the street encroachment permit. After the permittee provides such communication services, such services shall be excluded from the terms of the street encroachment permit and any associated agreements concerning the permit, and the permittee shall have no further responsibility in regard to such services. The Public Works Director is authorized to waive this requirement if the cost of providing such services is excessive in comparison to the cost of the street encroachment permit, the design of the street encroachment permit would be undermined by inclusion of the services, or for other reasons that the Director determines would adversely affect the permit or its design. This Subsection (g) shall not apply to a temporary street encroachment permit under Section 786.9. (i) For purposes of Sections 786 et seq., “engineering design” shall mean professional engineering work as set forth in the Professional Engineers Act, California Business and Professions Code Sections 6700 et seq. (j) The Director, after a public hearing, may adopt such orders, policies, regulations, rules, or standard plans and specifications in regard to street encroachment permits and applications as he or she deems necessary to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, rules, or standard plans and specifications may include, but are not limited to, permit application materials, implementation and annexation procedures for master major encroachment permits, standards for establishing annual maintenance costs for encroachments, site conditions, and accessibility of sidewalks and streets. (Added by Ord. 27-75, App. 2/5/75; amended by Ord. 401-87, App. 9/25/87; Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017; Ord. 31-19, File No. 181155, App. 2/22/2019, Eff. 3/25/2019; Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)

The content of applications shall be in accordance with the policies, rules and regulations of the Director of Public Works. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. The applicant may be required to file with his application the information needed for the preparation and mailing of notices as specified in Section 786.4. (Added by Ord. 27-75, App. 2/5/75)

The Public Works Director shall forward copies of the application for a street encroachment permit to the Director of Planning, the Director of Property, the Chief of the Police Department, the Chief of the Fire Department, the Transportation Director of the Municipal Transportation Agency, the General Manager of the Public Utilities Commission, the Art Commission, and to the City Engineer. The Public Works Director shall request a report from each of the listed departments concerning the effect of the proposed encroachment in relation to their duties and responsibilities. The completed reports shall be returned to the Public Works Director within 60 days of the receipt of the copies of the application by the listed departments. The departments listed above may request one extension of time not to exceed 30 days from the Public Works Director, which extension of time shall be granted. (Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

Upon receipt of the reports from the departments listed in Section 786.2, regarding an application for a street encroachment permit, the Public Works Director shall set a time and place for a hearing thereon within a reasonable period, not to exceed 90 days from the date Public Works receives the last report. The Public Works Director may extend the public hearing date if any City department listed in Section 786.2, the Department itself, or the applicant requests such extension. The Director shall send written notice of the basis for the extension and a proposed date for the hearing to the City departments listed in Section 786.2 and the applicant.

(Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

The Public Works Director shall give notice of time, place and purpose of the hearing on an application for a street encroachment permit as follows: (a) By mail, not less than 10 days prior to the date of the hearing, to the applicant or other person or agency making the application. (b) By mail, not less than 10 days prior to the date of the hearing, to the owners of all real property within 300 feet of all exterior boundaries of the proposed encroachment, using for this purpose the names and addresses of the owners as shown on the latest city-wide assessment roll in the office of the Assessor-Recorder. Failure to send notice by mail to any such property owner where the address of such owners is not shown on such assessment roll shall not invalidate any proceedings in connection with such application. (c) By posting, not less than 10 days prior to the date of the hearing in a public place near the boundaries of the proposed encroachment. (d) Such other notice as the Public Works Director shall deem appropriate. (Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

(a) Reports and Application Revisions. The Department shall compile the reports of the departments listed in Section 786.2 along with any application revisions, and make this information available at the hearing for the subject street encroachment permit. (b) Record. A record shall be kept of the pertinent information presented at the hearing on a street encroachment permit, and such record shall be maintained as part of the permanent public records of Public Works. (c) Continuances. The Public Works Director shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given provided the date of any further hearing is announced at the previously scheduled hearing and public notice of the continued hearing is issued. (Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

The Director of Public Works shall forward to the Board of Supervisors a recommendation for approval, disapproval or modification, including applicable conditions, of an application for a revocable permit for an encroachment of a public street or place. The record of the hearing thereon and the list of all parties notified of the hearing shall be attached to the Director's recommendation. Such recommendation and attachments shall be filed with the Clerk of the Board of Supervisors within 30 days after the hearing was closed. (Added by Ord. 27-75, App. 2/5/75)

(a) The Board of Supervisors reserves the right to exact a public right-of-way occupancy assessment fee for the use of the street or other public right-of-way space permitted under the provisions of Sections 786 et seq. (b) In accordance with Subsection (a) the public right-of-way occupancy assessment fee for street encroachments, whether permitted or unpermitted, shall be an annual fee of $3 per square foot of occupancy of the street or other public right-of-way space. For purposes of calculating the assessment fee, the Department shall charge no less than $100 per year even though the calculated square footage charge for the encroachment may result in a smaller assessment fee. (c) If the Board of Supervisors has imposed an annual public right-of-way occupancy assessment fee for a street encroachment permit, the permittee shall pay the greater of the Board-adopted fee or the assessment fee set forth in Subsection (b). (d) The public right-of-way occupancy assessment fee shall be subject to the review and adjustment procedures as set forth in Sections 2.1.1 et seq. (e) The public right-of-way occupancy assessment fee shall not be charged to any federal, state or local governmental agencies, commission, or departments. (f) Notwithstanding Subsection (b), no public right-of-way occupancy assessment fee shall be charged against the permittee for elements installed: (1) as a requirement under Planning Code Section 138.1, or (2) that the Department determines are consistent with any Board of Supervisors adopted Neighborhood Plan or streetscape plan as identified in the General Plan or Planning Code, or (3) as a condition of a City-approved development agreement or a disposition and development agreement authorized by the City or the Successor Agency to the San Francisco Redevelopment Agency, or (4) for improvements associated with a Planning Commission approved in-kind agreement in accordance with the Planning Code, or (5) pursuant to a street encroachment permit issued under Section 786.9(a) or (b), or (6) for a People Place permit associated with the Places for People Program established under Administrative Code Chapter 94A, or (7) for improvements associated with a Tier 1, Tier 2, or Tier 3 Love Our Neighborhoods Project, as defined in Public

Works Code Section 723.1. (Added by Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 310-10, File No. 101194, App. 12/16/2010; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017; Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)

ADJACENT PROPERTY. (a) If a permittee is not the owner of real property adjacent to the street encroachment permit, the permit is not recorded against the real property adjacent to the street encroachment permit, or both, then the permittee shall pay the Department a maintenance endowment to ensure adequate funds are available for ongoing and future maintenance of the street encroachment permit area and any future modification or restoration of the permit area to a condition satisfactory to the Public Works Director if the permittee abandons or terminates the permit or the Director revokes the permit. (b) The Department shall deposit all funds collected for the maintenance endowment into the Public Works Encroachment Fund as established under Administrative Code Section 10.100-229. (c) The permittee shall pay the maintenance endowment in annual installments that are the equivalent each year of 20% of the estimated annual maintenance cost. The permittee shall pay the annual maintenance endowment installment for 10 years with the first payment due at the time of permit issuance. As part of the permit application, the permittee shall include an estimate of the annual maintenance cost and the City Engineer shall verify said cost for purposes of the maintenance endowment required under this Section 786.8. (d) If the Board of Supervisors authorizes or approves the transfer or assignment of a street encroachment permit to an individual or entity that is not the owner of real property adjacent to the street encroachment permit area, then the transferee or assignee shall pay the annual maintenance endowment installment under the terms specified in subsection (c) during the time they are the permittee. The transferee’s or assignee’s first installment payment is due on or before the effective date of the transfer or assignment. If there are multiple transfers or assignments, the Department shall not charge an amount that would exceed the total remaining payments it would collect for the subject street encroachment permit under the 10-year term for the Maintenance Endowment Fund specified in Section 786.8(c). (e) If the Department or any other City agency, department, or commission, including the City Attorney’s Office, incurs costs in performing the permittee’s maintenance obligation or abating a violation, including any City required modification or restoration, and the permittee has paid the maintenance endowment required under this Section 786.8 in full, then the permittee shall reimburse the Department for all such City costs. If the permittee still is paying the maintenance endowment required under this Section 786.8, then the permittee shall: (1) reimburse the Department for all such City costs and (2) continue to make the required payments into the Public Works Maintenance Endowment Fund. (f) In accordance with the reimbursement process of Section 786.8(e), the Director, in his or her discretion, may arrange for a reimbursement plan for the City maintenance and abatement with the permittee that takes into account the permittee’s history of past permit compliance and other factors the Director deems appropriate, including but not limited to, the permittee’s budget and number of employees. If the Department is reimbursed for the City’s incurred costs, then the Department shall send the affected departments their share of the reimbursement. (g) This Section 786.8 shall not apply to a street encroachment permit: (1) where the Board of Supervisors authorizes or approves the transfer or assignment of the permit from the original permittee to an individual or entity that is the successor owner(s) of real property adjacent to the street encroachment permit and the permit is recorded against the successor owner(s) real property, or (2) that the Board issues in accordance with the terms of Section 786(b) for a master encroachment permit, or (3) that the Board issues for a street plaza in accordance with Section 792 where the street plaza permittee is a different individual or entity than the holder of the underlying street encroachment permit or Public Works retains responsibility for the underlying public right-of-way, or (4) that the Director issues to a City agency, department, or commission, a State agency, or the federal government, or (5) that comprises a People Place permit associated with the Places for People Program established under Administrative Code Chapter 94A. (h) If a street encroachment permit subject to the maintenance endowment as specified in this Section 786.8 has a construction cost of $1 million or greater, the Board of Supervisors shall require a bond, other form of security, or payment into the Maintenance Endowment Fund in an amount required to restore the public right-of-way to a condition satisfactory to the Public Works Director based on a cost that the City Engineer determines. If the Board requires posting of a bond or other security, the permittee shall provide evidence to the Department that the bond or other security is operative on an annual basis. If the Board authorizes the Director to allow a transfer or assignment of a permit that is or will be subject to the maintenance endowment as specified in this Section 786.8 and said permit has or had a construction cost of $1 million or greater, then the Director shall impose the same requirements as set forth in this subsection (h) as a condition of transfer or assignment. Departmental expenditures related to restoration shall be consistent with the terms of Administrative Code Section 10.100-229 or any successor law. (Added by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017; amended by Ord. 59-25, File No. 250188, App. 5/2/2025, Eff. 6/2/2025)

TIER 3 LOVE OUR NEIGHBORHOODS PROJECTS, AND TEMPORARY ENCROACHMENTS.

(a) If a City agency, department, or commission, a Tier 3 Love Our Neighborhoods permit applicant, a State agency, or the federal government applies for a street encroachment permit, the Public Works Director may approve, conditionally approve, or deny in writing the application administratively without action from the Board of Supervisors after the applicant satisfies the requirements of Sections 786 et seq. The Department of Public Works shall submit a quarterly report to the Clerk of the Board of Supervisors that includes a description of all of the complete Tier 3 Love Our Neighborhoods Project applications the Department received during the applicable quarter. (b) The Public Works Director, in his or her discretion, may approve, conditionally approve, or deny in writing a temporary street encroachment permit application administratively without action from the Board of Supervisors after the applicant satisfies the requirements of Sections 786 et seq. For purposes of this subsection (b), a temporary street encroachment permit is for a project that: (1) a City agency, department, or commission has co-sponsored and approved or authorized through an officially-adopted City program and (2) shall occupy the street or other type of public right-of-way for no longer than two years. The Director, in his or her sole discretion, may extend the permit term for a temporary street encroachment for a period not to exceed six additional months. This temporary street encroachment permit is not intended to conflict with or supersede a People Place permit associated with the Places for People Program established under Administrative Code Chapter 94A , but rather be a separate and distinct permit. (c) The Director’s approval or conditional approval of a permit under this Section 786.9 is appealable by a member of the general public or the applicant to the Board of Appeals within 15 days of the date of the Director’s written decision on the permit application. (d) If the Director recommends denial of an application under Section 786.9(a) or (b), the Director shall notify the applicant in writing of this recommendation. The Director shall hold an administrative hearing on his or her recommendation to deny the application and issue a written decision on the recommendation to deny within a reasonable period after the hearing. If the basis for the denial decision relates solely to engineering design, the Director’s denial decision constitutes a final decision that is not subject to appeal. If the basis for the denial decision is solely for reasons unrelated to engineering design, the applicant may appeal the Director’s denial decision to the Board of Appeals within 15 days of the date of the Director’s written decision. (e) The Director, in his or her discretion, may recommend revocation of a permit issued under this Section 786.9. The Director shall notify the permittee in writing of this recommendation. The Director shall hold an administrative hearing on his or her recommendation to revoke and issue a written decision on the recommendation to revoke within a reasonable period after the hearing. Prior to the administrative hearing, the Director shall develop an estimate of the cost of any revocation and associated restoration and identify the responsible party that shall bear such cost if it is a party other than the permittee. The Director shall provide this cost estimate to the permit holder in advance of the administrative hearing and include the estimate in the hearing’s administrative record. The Permittee may appeal the Director’s decision to revoke to the Board of Appeals within 15 days of the date of the Director’s written decision. (Added by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024) CODIFICATION NOTE

1. So in Ord. 252-23. SEC. 787. STREET VACATIONS. (a) Upon petition to the Board of Supervisors for any street vacation, the Board of Supervisors will refer the request to the Director of Public Works for investigation and recommendation. The street vacation procedure shall be in accordance with the applicable provisions of the Streets and Highways Code of the State of California and such rules and conditions adopted by the Board of Supervisors. The Department of Public Works shall submit to the Board of Supervisors with any petition submitted by the Department of Public Works or any recommendation regarding a street vacation, a legal description, the Assessor’s Parcel Number(s) or reserved Assessor’s Parcel Number(s), and a County Surveyor-approved map of the area. (b) The Clerk of the Board of Supervisors shall cause a certified copy of any adopted ordinance of vacation, together with the information required in subsection (a), and attested by the Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof, in the Office of the Recorder. The Office of the Recorder shall not charge a recording fee for this recordation. (c) The Board of Supervisors finds that unimproved streets in the Bernal Heights area are an important open space resource to the citizens in the area where the lots are small, the streets are narrow, and space is at a premium. Therefore the Board of Supervisors declares that it is the policy of the City and County of San Francisco not to vacate unimproved streets and sell, transfer, or relinquish its interest in the underlying property to private ownership in the Bernal Heights area bounded by Army Street on the north, Mission Street on the west, Interstate 280 on the south and Highway 101 on the east except not to include Esmeralda Avenue, between Brewster Street and Holladay Avenue. These streets shall be kept as open space, unless the Board of Supervisors finds that the streets are needed for public passage and proposes to improve and accept them for the same purpose. (Added by Ord. 390-81, Ap

t on the north, Mission Street on the west, Interstate 280 on the south and Highway 101 on the east except not to include Esmeralda Avenue, between Brewster Street and Holladay Avenue. These streets shall be kept as open space, unless the Board of Supervisors finds that the streets are needed for public passage and proposes to improve and accept them for the same purpose. (Added by Ord. 390-81, App. 7/3/81; amended by Ord. 225-87, App. 6/19/87; Ord. 253-19, File No. 190810, App. 11/15/2019, Eff/ 12/16/2019) SEC. 788. [REPEALED.] (Amended by Ord. 432-86, App. 11/7/86; repealed by Ord. 142-25, File No. 250608, App. 8/1/2025, Eff. 9/1/2025)

SEC. 789. TITLE. These Sections 789 through 789.7 shall be known as the Commemorative Street Plaque Ordinance. (Added by Ord. 149-96, App. 4/17/96)

The Board of Supervisors hereby finds and declares that: (a) The City and County of San Francisco has a unique and important history that should be preserved and commemorated for residents and visitors. The contributions of certain sites, events, and people to the history of the City should be recognized. (b) One method of preserving and honoring such historical sites, events, and people shall be commemoration by official designation by the Board of Supervisors. Another method shall be the installation of commemorative plaques, also known as commemorative street plaques, upon public right-of-way and public places following all necessary review and approvals including approval by the Board of Supervisors, the Department of Public Works (the “Department”), and the Arts Commission. (Added by Ord. 149-96, App. 4/17/96; amended by Ord. 224-25, File No. 250894, App. 11/21/2025, Eff. 12/22/2025)

This Section 789.2 describes the requirements for commemoration of historical sites, events, and persons in locations upon a public right-of-way, as defined in Section 2.4.4 of this Code, or public places, as defined in Section 244 of this Code. The Board of Supervisors may commemorate historical sites, events, and persons by designating portions of public right-of-way or public places and/or by authorizing the installation of commemorative plaques on a public right-of-way or a public place. (a) Commemoration By Designation. The Board of Supervisors may, by resolution, designate a portion of a public right-of-way or a public place to commemorate a site, event, or person of historical interest or significance to San Francisco. (b) Commemoration By Plaque Installation. Any applicant seeking to commemorate a site, event, or person of historical interest or significance to San Francisco by placement and installation of a commemorative plaque on a public right-of-way or a public place shall obtain all necessary approvals from the Board of Supervisors and the Arts Commission, and the applicant shall satisfy all applicable accessibility requirements. In addition, the applicant shall file an application with the Department and shall obtain all necessary permits and approvals from the Department for the commemorative plaque, including any applicable major or minor sidewalk encroachment permits. The applicant shall submit all required fees and shall provide the Department with all required information including but not limited to the applicant’s preferred locations for plaque installation, alternative locations for plaque installation, and any security and/or evidence of insurance, as may be required by the Department following the Department’s review of the application. (Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024; Ord. 224-25, File No. 250894, App. 11/21/2025, Eff. 12/22/2025)

(Added by Ord. 149-96, App. 4/17/96; repealed by Ord. 224-25, File No. 250894, App. 11/21/2025, Eff. 12/22/2025)

(a) Approval Following Public Works’ Review of a Complete Application. Following the Department’s review of any complete commemorative street plaque application, the Department shall forward the application, and the Department’s recommendation on the application, including any recommended conditions of approval, to the Clerk of the Board of Supervisors. The Board of Supervisors shall hold a public hearing on any proposal so transmitted. By resolution, the Board may approve, disapprove or approve with modifications and conditions, the installation of commemorative street plaques at specific locations on a public right-of-way or a public place to commemorate a site, event or person of historical interest to San Francisco. (b) Approval Prior To Submittal of Complete Application. Alternatively, the Board of Supervisors may elect to hold a hearing on a proposal to commemorate a site, event, or person of historical interest to San Francisco, prior to the applicant’s submittal of a complete application to the Department. T1 Board of Supervisors may, by resolution authorize the Director, or the Director’s designee, to approve the installation of one or more commemorative street plaques as specified in the resolution following the Arts Commission’s approval of the plaque design and the Director’s review of all permit application materials. The Department shall only approve the installation of commemorative street plaques that comply with the applicable engineering, installation, safety, and siting criteria 1 The Department shall only approve the installation of commemorative street plaques at specific locations that comply with the applicable engineering, installation, safety, and siting criteria. (c) Ownership, Maintenance, and Repair of Commemorative Plaques. Any resolution approving the installation of a commemorative street plaque on a public right-of-way or a public place shall identify the person or entity that owns the commemorative street plaque and the person or entity that is responsible for maintaining and repairing the commemorative street plaque. If the owner of the commemorative street plaque wishes to offer the commemorative street plaque, the maintenance and repair of the commemorative

street plaque, and/or funds for the maintenance and repair of the commemorative street plaque as gifts to the City, the Board of Supervisors may accept such offers in the resolution that approves the commemorative street plaque installation. (Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024; Ord. 224-25, File No. 250894, App. 11/21/2025, Eff. 12/22/2025) CODIFICATION NOTE

1. So in Ord. 224-25.

The Department shall develop engineering, installation, safety, and siting criteria for the commemorative plaques and may adopt such criteria through departmental orders and/or regulations. The Department shall also develop design requirements and guidelines for the commemorative plaques after consulting with the Arts Commission. (Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)

(a) The Department shall be responsible for maintaining the official street map of the City and County of San Francisco. (b) From time to time, the Department shall develop a map listing all sites designated as commemorative sites. (Added by Ord. 149-96, App. 4/17/96)

The Department shall determine the amount of a fee necessary to compensate the City for processing and administering an application for a commemorative plaque. The fee shall be deposited into the Engineering Inspection Fund and pay for the time and materials required to process the application, based upon the estimated actual costs to perform the work, including the costs of the Department of Public Works, the City Attorney and the Board of Supervisors. (Added by Ord. 149-96, App. 4/17/96) SEC. 790. SLIP RESISTANT MANHOLE, VAULT, AND SUB-SIDEWALK BASEMENT COVERS, GRILLES, GRATES, OR OTHER LIDS ON THE PUBLIC SIDEWALK. (a) Requirements. Every person, firm or corporation, including the City and County of San Francisco, owning or having control of any manhole, vault, or sub-sidewalk basement cover, grille, grate, or other lid on the public sidewalk must comply with the Department of Public Works' slip resistant regulations for such surfaces and covers. Said regulations shall be based on the U.S. Architectural and Transportation Barriers Compliance Board's slip resistant recommendations or California Code of Regulations Title 24, whichever is more restrictive. The Director of Public Works shall adopt a slip resistant standard(s) for such surfaces and covers after conducting a public hearing on the recommended standard or standards. For surfaces and covers that pre-date 1920, the Director shall develop special standards that encourage, to the maximum extent feasible, preservation or adaptive reuse of such surfaces and covers. The standards for these surfaces and covers may deviate from the standards set forth in this subsection and shall include, but not be limited to, measures to preserve foundry marks, names of public or private companies associated with the surface or cover, dates, or other historical identifiers; provided, however, that in all instances the standards shall ensure public safety. The Director shall issue a Departmental Order specifying the standard or standards adopted pursuant to this section. Covers for sewer vents and traps that comply with the Plumbing Code are exempt from section 790. (b) Notice of violation. The Director of Public Works shall have authority to enforce this section. Upon the Director's determination that a person has violated any provisions of this section, the Director shall serve notice to the owner to abate the violation within thirty (30) days. The Director's notice of violation shall be a written, electronic, or facsimile communication and shall specify the manner in which the violation shall be remedied. (c) Hearing. The owner shall have seven (7) days from the date of the notice to request in writing a hearing before the Director to contest the notice of violation. If the owner fails to request a hearing within seven days, the Director's determination of violation shall be presumed final. At the hearing, the owner shall be entitled to present evidence that any manhole, vault or sub-sidewalk basement cover, grille, grate, or other lid on the public sidewalk complies with the applicable Department of Public Works slip resistant standard. The determination of the Director after the hearing shall be final and not appealable. (d) Abatement. After notification by the Director, the owner shall obtain applicable Permit(s), and remove and replace the non- compliant cover(s) or surface(s) within thirty (30) days. The Director may extend the time for the owner to remove and replace such cover or surface in his or her discretion. (e) Failure to Abate Violation. If the owner fails to abate any violation pursuant to the Director's notice, the Director is empowered

to abate the violation in the manner in which the Director deems expedient and appropriate. The owner shall compensate the Department of Public Works for any costs associated with abating the violation. In addition, the Director may assess additional penalties, costs and abatement charges in his or her discretion. (f) Administrative Penalties. The administrative penalties assessed pursuant to subsection (e) shall not exceed one thousand dollars ($1,000) per day, per violation commencing with the first day of the violation. In assessing the amount of the administrative penalty, the Director may consider any one or more of the following: the nature and seriousness of the violation, the number of violations, the length of time over which the violation continues to occur, and the willfulness of the violator's misconduct. (g) Enforcement Costs. In addition to the administrative penalty assessed pursuant to subsection (f), the Director may assess enforcement costs to cover the reasonable costs incurred in enforcing the administrative penalty, including reasonable attorney's fees. (h) Civil Penalties. The Director may call upon the City Attorney to maintain an action for injunction to cause the correction or abatement of the violation, and for assessment and recovery of a civil penalty and reasonable attorney's fees for such violation. Any person who violates this section may be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount the civil penalty, the court may consider any one or more of the following: the nature and seriousness of the violation, the number of violations, the length of time over which the violation continues to occur, the willfulness of the violator's misconduct, and the defendant's assets, liabilities, and net worth. The City Attorney may also seek recovery of the attorney's fees and costs incurred in bringing a civil action pursuant to this action. (i) Severability. In adopting this section 790, the Board of Supervisors does not intend to regulate or affect the rights or authority of the Federal or State government to do those things that are required, directed, or expressly authorized by Federal or State law or administrative regulation. Further, in adopting this Ordinance, the Board of Supervisors does not intend to prohibit that which is prohibited by Federal or State law or administrative regulation. In the event that a court or agency of competent jurisdiction holds that Federal or State law, rule or regulation invalidates any clause, sentence, paragraph, or subsection of section 790 or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence paragraph, or subsection so that the remainder of sections 790 shall remain in effect. (Added by Ord. 30-04, File No. 030677, App. 3/2/2004) SEC. 791. PUBLIC IMPROVEMENTS GIFT ACCEPTANCE AND PUBLIC DEDICATION. (a) Definitions. “Furnishing Zone” shall be defined in the Better Streets Plan as defined in Administrative Code Section 98.1. “Immediate Property Frontage” refers to that portion of the public right-of-way from the back of curb to the adjacent property line for the length of the entire property. “Public Improvements” shall be defined as physical improvements to the public right-of-way intended to promote pedestrian and bicycle safety, to provide increased sidewalk area for pedestrians, and to promote environmentally sound street design, and to enhance the aesthetic appeal of streets. Such improvements include, but shall not be limited to, sidewalk widening, sidewalk widening at corners, medians, raised pedestrian crossings, and bicycle facilities, and are generally described in the Better Streets Plan or its successor document, Neighborhood Plans, or neighborhood streetscape plans. In addition, Public Improvements shall include commemorative plaques installed in the Furnishing Zone according to a Tier 2 Love Our Neighborhoods Permit. (b) Gift Acceptance of Public Improvements. Notwithstanding the limit on administrative acceptance of public gifts in Administrative Code Section 10.100-305, the Director of Public Works is authorized to accept as gifts on behalf of the City and County of San Francisco certain Public Improvements within the Department's permitting and maintenance jurisdiction subject to the limitations as set forth in this Section 791. Such gift acceptance is subject to all other laws, rules, and regulations governing acceptance of public gifts. All such gifts shall be made by an irrevocable offer of dedication. (c) Location of Public Improvements and Consistency with Applicable Plans. (1) The subject Public Improvements shall be located on the public right-of-way outside of the Immediate Property Frontage of the property owner and be consistent with the Better Streets Plan or applicable Neighborhood Plan or neighborhood streetscape plan. Generally, such Public Improvements shall be within 500 feet of the Immediate Property Frontage. (2) Notwithstanding the locational requirement of Subsection (c)(1) above, a gift of Public Improvements also may be made if the owner constructs a sidewalk bulb-out within the Immediate Property Frontage. Such sidewalk bulb-out shall satisfy all other provisions of this Section. Any such gift shall be applicable only to that additional portion of sidewalk necessary to construct the sidewalk bulb-out in relation to the: (a) then existing official sidewalk width if the sidewalk width remains unchanged within the Immediate Property Frontage or (b) new official sidewalk width if the sidewalk width within the Immediate Property Frontage has been expanded. With the except

tion. Any such gift shall be applicable only to that additional portion of sidewalk necessary to construct the sidewalk bulb-out in relation to the: (a) then existing official sidewalk width if the sidewalk width remains unchanged within the Immediate Property Frontage or (b) new official sidewalk width if the sidewalk width within the Immediate Property Frontage has been expanded. With the exception of that additional portion of sidewalk necessary to construct the sidewalk bulb-out as set forth above, the property owner shall be solely responsible for such Improvements in accordance with Public Works Code Section 706. In such instances, the Department of Public Works official maps shall delineate the division of responsibility between the City and the property owner. (3)1 Notwithstanding the locational requirement of Subsection (c)(1) above, a gift of Public Improvements also may be made if the

owner constructs a commemorative plaque within the Furnishing Zone in accordance with a Tier 2 Love Our Neighborhoods Permit. (3)1 If the subject Public Improvements specified in Subsection (c)(1) result in expansion of sidewalk width outside of the Immediate Property Frontage and such sidewalk improvements meet all the standard City requirements for sidewalk design and materials, then while the Department may accept such Public Improvements as a gift, then the fronting owner shall be solely responsible for such Improvements in accordance with Public Works Code Section 706. (4) Notwithstanding the requirement of Subsection (c)(3) above, a gift of Public Improvements may include a sidewalk bulb-out outside of the Immediate Property Frontage. Any such gift shall be applicable only to that additional portion of sidewalk necessary to construct the sidewalk bulb-out in relation to the: (a) then existing official sidewalk width if the sidewalk width remains unchanged outside of the Immediate Property Frontage or (b) new official sidewalk width if the sidewalk width outside the Immediate Property Frontage has been expanded and such sidewalk improvements meet all the standard City requirements for sidewalk design and materials. With the exception of that additional portion of sidewalk necessary to construct the sidewalk bulb-out as set forth above, the fronting owner shall be solely responsible for such Improvements in accordance with Public Works Code Section 706. In such instances, the Department of Public Works official maps shall delineate the division of responsibility between the City and the fronting owner. (5) If the subject Public Improvements to be located on the sidewalk portion of the public right-of-way outside of the Immediate Property Frontage of the property owner are not improvements that meet all the standard City requirements for design and materials or are comprised of any form of encroachment, including street furniture, then the Director, in his or her discretion, may decline to accept all or a portion of such Public Improvements as a gift. In such instances, the Director may process the permitting and approval of such Public Improvements in accordance with applicable provisions of the Public Works Code and may issue a permit or permits to: (a) the property owner if the property owner assumes permit responsibility for the nonstandard design and materials or encroachments; (b) the fronting owner(s) if such fronting owner(s) consent to assume responsibility for the nonstandard design and materials or encroachments; or (c) both. (d) Limitation of Gift Acceptance to Department of Public Works Jurisdiction. The Public Improvements subject to the gift acceptance shall be only those improvements within the Department's permitting and maintenance jurisdiction. Public Improvements that fall within the maintenance jurisdiction of other departments shall not be subject to the terms of this Section. (e) Public Improvements Subject to All Other Applicable City Approvals. The Public Improvements shall be subject to all City Department reviews, approvals, and permitting that otherwise would apply to such projects. (f) Departmental Approval by Street Improvement Permit. The Department shall approve such Public Improvements pursuant to a street improvement permit as set forth in Public Works Code Article 2.4 for accepted streets or Article 9 for unaccepted streets and said permit shall be accompanied by security as required by the Department. Said permit may be combined with other Departmental permits associated with the subject project. (g) Gift to Include Cost of Maintenance. The gift for such Public Improvements shall be accompanied by a maintenance endowment of at least 20% of the estimated cost of construction of the Improvements as determined by the City Engineer; provided however, that the Director may reduce the cost of this endowment, but in no case shall the reduction be less than 10% of the cost of construction of the Improvements except that the Director may waive the cost of this endowment entirely with respect to a commemorative plaque that is installed in the Furnishing Zone according to a Tier 2 Love Our Neighborhoods Permit. The Department shall deposit all required maintenance funds into a public improvement gift maintenance account. (h) Public Improvement Gift Maintenance Fund. There is hereby created a Public Improvement Gift Maintenance Fund wherein all funds received under the provisions of this Section shall be deposited. Said fund shall be a Category 8 fund in accordance with Administrative Code Section 10.100-1. All expenditures from the Fund shall be for administrative, engineering, legal, or technical work related to the maintenance of such improvements and equipment directly related to such maintenance, including but not limited to labor costs and any future construction associated with the Public Improvements. All such expenditures are hereby appropriated for said purposes. (i) Acceptance and Dedication of Public Improvements. The Board of Supervisors delegates authority to the Director of Public Works to accept and dedicate the Public Improvements for public use, designate them for any or all public street and roadway purposes, and accept the Improvements for City maintenance and liability purposes once the City Engineer has determined that the Public Improvements have been constructed according to City standard and the satisfaction of the Department and are ready for their intended use. (j) DPW Regulations. In addition to the requirements set forth in this Section, the Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, site condit

n addition to the requirements set forth in this Section, the Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, site conditions, accessibility of sidewalks and streets, submission of as-built plans as a precondition to acceptance. When such orders, policies, regulations or rules will affect the operations and enforcement of the Municipal Transportation Agency, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the Municipal Transportation Agency prior to adoption of such orders, policies, regulations, or rules. (Added by Ord. 114-13 , File No. 130251, App. 6/28/2013, Eff. 7/28/2013; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024) CODIFICATION NOTE

1. So in Ord. 252-23.

SEC. 792. STREET PLAZAS. (a) Purpose. The purpose of this Section is to establish a regulatory program for Street Plazas, as defined in Administrative Code Chapter 94. (b) Permit Requirements. (1) A Plaza Encroachment Permit ("Plaza Permit") shall be processed under the same terms and requirements as a Street Encroachment Permit, also known as a Major Encroachment Permit, in Public Works Code Section 786 except as provided in this Section 792. (2) A Plaza Permit is not subject to the annual assessment fee as set forth in Section 786.7. (3) Permit Applicant. The applicant for a Plaza Permit shall have a strong, demonstrated connection to the neighborhood in which the Plaza is located. (4) Application Submittal. In addition to all the materials required for a Street Encroachment Permit in Section 786 et seq., the applicant shall provide the following information as part of the application submittal: (A) Information demonstrating the requirements of Subsection (b)(3) above, including but not limited to, documentation of public outreach processes and proposals for on-going community engagement. (B) Proposed daily, weekly, and monthly programmed hours of use of the Street Plaza on an annual basis for which the Permit will be active. The Permit shall specify a minimum number of yearly programmed events. (C) Proposed scope of activities on an annual basis for which the Permit shall be active. This may include use of moveable, temporary, or fixed furniture or structures; maintenance of hardscape and/or landscaping on the plaza; general programming and activation of the Plaza; and 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. (D) The number of proposed 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. (E) Proposed strategies to engage with existing City programs. (F) A proposed signage program. (5) Selection of Applicant Prior to Permit Processing. (A) When DPW determines that a portion of the public right-of-way should be eligible for Street Plaza status, it shall post the potential Plaza location with a request for applications for a Plaza Permit to activate the subject site, 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 request for applications. The Director also shall mail notice to all neighborhood organizations requesting such notice, including those on the Planning Department's neighborhood notification system. The notices shall be posted and made available for at least three (3) months before DPW closes the application period. DPW shall make reasonable efforts to keep the Plaza location notice visible and legible during the application period. (B) DPW shall conduct the same application notice process at the end of a Plaza Permit term for an established Street Plaza if DPW determines that the Street Plaza activation should continue at that location. (C) If more than one application is received during this application period, the Department shall hold a public hearing on the potential applicant(s). DPW shall provide the same notice for the hearing as provided under Subsection (5)(A) above. Based on the information and testimony at the hearing as well as any other documentation provided, the DPW Director shall issue a decision concerning the selected applicant. The DPW Director's decision shall be final and not subject to appeal. After such selection, the Department shall meet with the selected applicant to determine what outstanding materials are necessary to complete processing of the Plaza Permit. (D) The Department shall complete any outstanding permit processing steps as set forth in Section 786 for Street Encroachment Permits. (6) Maintenance, Liability, Insurance, and Other Permit Terms. (A) DPW shall specify in the Plaza Permit the scope of Permittee's maintenance and liability responsibility that shall apply to the Permit based on the Permittee's authorized hours of use of the Street Plaza and the Permittee's scope of activities. (B) The Permit shall identify required liability, indemnity, and insurance coverages, as approved by the City Risk Manager or successor agency. (C) The Permit shall specify the number of annual restricted access events, if any. (D) The Permit shall specify that the Permit may be deemed abandoned if the Plaza Permittee conducts less than the stipulated number of minimum annual programmed events.

(E) The Permit shall require that the Steward submit a monthly calendar of events to the local District Police station, the DPW Director, and the Plaza Program thirty (30) days prior to the start of the subject month. (F) Signage. The Permit shall include an approved signage program. (G) Financial Records. The Plaza Permittee shall make its financial records related to the use of the Street Plaza available to the DPW Director for inspection upon written request of the Director. (7) Because certain activities may require additional permits or approvals from City or State agencies, boards, commissions, or departments, the Plaza Permittee shall be solely responsible for obtaining all other permits or approvals that may be necessary for or related to activities at the Street Plaza. Any event that involves at least one of the following activities, also shall be required to obtain approval from the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT): (A) Sales or service of alcohol; (B) A fuel-powered generator with a fuel capacity greater than 10 gallons; (C) Installation of a tent or canopy in excess of 400 square feet; (D) Closure of all or any portion any public right-of-way tangent to and/or outside the delineated area of the Plaza; (E) Events that exceed decibel maximums described in the Plaza Limited Live Performance permit, if applicable, issued pursuant to Police Code Sections 1060 et seq.; or (F) Activities that exceed the general scope of the Plaza Permit agreement. (8) Due to possible damage to City infrastructure, any event that involves at least one of the following activities also shall be required to obtain review and possible issuance of a Temporary Occupancy permit from the Department: (A) Stages that are not pre-fabricated and that require installation or construction with trained staff; or (B) Any structure in excess of 250 pounds per square inch. (9) The standard term of a Plaza Permit shall be no longer than 5 years; provided, however, that in unique circumstances or in cases where the Permittee installs significant improvements as part of the permit, the DPW Director is authorized to provide for a longer or unlimited term. Notwithstanding the above, all Plaza Permits are revocable at the will of the DPW Director. (10) Regulations for Street Plazas. (A) The DPW Director shall administer all Street Plazas pursuant to the requirements, rules, and regulations set forth herein or in regulations that the DPW Director adopts. (B) Operational Requirements. The following operational requirements shall apply to Street Plazas and shall be posted in a prominent location in each Street Plaza: (i) Peddling and Vending Merchandise. 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 Street 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. (ii) 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 DPW Director. (iii) Camping Prohibited. The provisions of Park Code Section 3.12 concerning camping shall apply to the Plaza except that the DPW Director shall administer these provisions. (iv) No Unpermitted Structures. There shall be no stationing or erecting of any structure(s) on the Plaza without prior permission from the DPW Director. (v) 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 plazas, this prohibition on smoking shall apply to Street Plazas. (vi) Other Restrictions. (aa) There shall be no skateboarding, bicycle riding, or pets off leash, without prior permission from the DPW Director. (bb) No alcohol is allowed to be consumed in City Plazas without prior permission from the DPW Director and all required San Francisco and State authorizations and permits. (cc) General advertising is prohibited. (c) Additional Requirements Adopted at Time of Street Plaza Approval. Other regulations and requirements shall be adopted when each Street Plaza is legislatively approved and incorporated into the Plaza Program in accordance with Administrative Code Chapter 94. Such regulations and requirements shall be posted in a prominent location in each Street Plaza.

(d) Exceptions to Operational Requirements and Permit Terms. (1) Exceptions to Operational Requirements. From time to time and due to unique circumstances, the Operational Requirements set forth above in Subsections (b) or (c) may not be appropriate for a particular event. In such cases, and after a duly noticed public hearing, the DPW Director may issue an exception to the requirements of Subsections (b) or (c) 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 Permit Terms. After written request from a Permittee, the DPW Director is authorized to issue non-material exceptions or other minor amendments to the terms of a Plaza Permit as long as the DP W Director, 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 City receives under the Plaza Permit for the Street Plaza, and are reasonable within the purpose of the Plaza Program. The Director shall issue 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. (e) Good Neighbor Policies. (1) The Permittee for a Street Plaza shall manage the Plaza in accordance with the following good neighbor policies during the times of use as set forth in the Plaza Permit: (A) The quiet, safety, and cleanliness of the Plaza and its adjacent area shall be maintained; (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 immediate area of the Plaza so as not to be a nuisance to neighbors; (D) 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. (E) The Plaza Permittee 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 Permit and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. (2) Exceptions. After written request from a Plaza Permittee, the DPW Director is authorized to issue non-material exceptions or other minor amendments to the Good Neighbor Policies. The DPW 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. (f) Violation of Permit or Regulations; Penalties. (1) If any person has occupied a Street Plaza in violation of these regulations or those that the DPW Director has adopted, the DPW Director 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 the actions and penalties set forth below for each violation. (A) Criminal Penalty. (i) Any person who shall violate any of the provisions of these regulations shall be guilty of an infraction. Every violation determined to be an infraction is punishable by (a) a fine not exceeding $100 for the first violation within one year; (b) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (c) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation. (ii) When a government official authorized to enforce this Section 792 has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D. (B) Administrative Penalty. In the alternative to the criminal penalty authorized by Subsection (f)(1)(A) of this Section 792, Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for violations of these regulations. The administrative penalty shall not exceed $300 per day for each violation. Such penalty shall be assessed, enforced, and collected in accordance with Section 39-1 of 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 DPW Director receives verified complaints concerning violations of the terms and conditions of the Permit within the initial six (6) month period of operation, the DPW Director shall conduct a public hearing on the Permittee's conduct. After the initial six (6) month term, the DPW Director 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 Permit or take any other action the Director deems appropriate under the terms of the Permit in response to the Permittee's conduct. (3) If the Permittee conducts less than the minimum number of annual programmed events stipulated in the Permit, the DPW Director may determine that the Permit has been abandoned or may terminate, suspend, modify, or condition the Permit or take any other action the Director deems appropriate under the terms of the Permit in response to the Permittee's conduct. (g) Regulations and Orders. The Director may adopt such orders, policies, regulations, rules, or standard pla

d events stipulated in the Permit, the DPW Director may determine that the Permit has been abandoned or may terminate, suspend, modify, or condition the Permit or take any other action the Director deems appropriate under the terms of the Permit in response to the Permittee's conduct. (g) Regulations and Orders. The Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary to preserve and maintain the public health, safety, welfare, and convenience (“Regulations”). Such

Regulations may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, accessibility of sidewalks and streets. When such Regulations may affect the operations and enforcement of the Municipal Transportation Agency, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the General Manager of the Municipal Transportation Agency prior to adoption of such Regulations. (Added by Ord. 81-14, File No. 140063, App. 6/13/2014, Eff. 7/13/2014; amended by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017) SEC. 793. THE SHARED SPACES PROGRAM – SHARED SPACES IN THE PUBLIC RIGHT-OF-WAY. The Shared Spaces Program is established in Chapter 94A of the Administrative Code. Under the Program, a public or private entity may obtain City approval to create a Shared Space and provide activities, for a limited period of time, on City-owned property and in some cases nearby privately-owned spaces where the public can gather and participate in commercial or non-commercial offerings and events. The space created is a “Shared Space” that is managed by the permittee, defined as a “Permittee.” The Shared Spaces Program is a joint effort by the Planning Department, Public Works, the Municipal Transportation Agency, the Real Estate Division, and the Entertainment Commission (defined in Section 94A.2 of the Administrative Code as the “Core City Agencies”) to coordinate their review and approval of a Shared Space and streamline the permit process. The Program responsibilities of the Core City Agencies in the coordination process are set forth in Section 94A.4 of the Administrative 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)

(a) Purpose and Scope. The general procedure by which the Core City Agencies participating in the Shared Spaces Program coordinate their evaluation and review of an application for a Shared Space Permit, and approve and issue a Shared Space Permit is set forth in Section 94A.5 of the Administrative Code. Sections 793.2 through 793.6 of this Code establish the procedure for Public Works’ review and approval of a Shared Space in the public right-of-way. This procedure shall apply to any prospective “Curbside Shared Space,” and “Sidewalk Shared Space” in the Shared Spaces Program. (b) Definitions. The terms defined in Section 94A.2 of the Administrative Code shall have the same meaning for purposes of Sections 793 et seq. of this Code, including, Longer-Term Closure; Shared Space; Shared Space Categories, and the definitions of those categories: City Lot Shared Space, Curbside Shared Space, Roadway Shared Space, and Sidewalk Shared Space; Shared Space Permit; Permittee; and Temporary Closure. (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)

SIDEWALK SHARED SPACES. (a) Public Works Application and Permits. The prospective Permittee may submit the application for a Curbside or Sidewalk Shared Space Permit to Public Works for its review and approval. Public Works shall review the application consistent with the interagency coordination process described in Administrative Code Section 94A.4. The Shared Spaces Permit shall incorporate the requirements of and substitute for a permit that would be required under other sections of the Municipal Code. (b) Public Notice and Opportunity to Comment. (1) For Roadway Shared Spaces where the proposal would result in a Temporary Closure, the public notice shall proceed in accordance with the applicable process set forth in Transportation Code, Division I, Article 6. (2) For Roadway Shared Spaces and Curbside Shared Spaces where the proposal would result in a Longer-Term Closure the public notice shall proceed, in accordance with the applicable process set forth in Transportation Code, Division II, Article 200, Section 202 (Notice of Public Hearing). (3) If proposed activities fall within the purview of the Entertainment Commission described in Administrative Code Section 94A.4(c), the Entertainment Commission shall provide notice of any public hearing. (c) Public Hearing. The Director of Public Works may hold a public hearing concerning the Sidewalk Shared Space Permit application that would extend the occupancy beyond 24 consecutive months. If the Director determines that a public hearing will be held, the prospective Permittee shall post on the site(s) a Notice of Public Hearing provided by Public Works for a period of ten calendar days

prior to the date of the scheduled hearing. The Notice of Public Hearing posting shall be removed by the applicant the day after the expiration of the ten-day period. Unless otherwise outlined in this Section 793.2, the Notice of Public Hearing posting shall comply with Article 5.6 of the Public Works Code. (d) Permit Issuance and Conditions of Approval. (1) Public Works may issue any Curbside or Sidewalk Shared Space Permit consistent with Sections 793 et seq. and Administrative Code Chapter 94A. The conditions of approval required or authorized by Administrative Code Section 94A.5(c) or other applicable sections of Administrative Code Chapter 94A shall be imposed on the Shared Space Permit and enforced pursuant to Administrative Code Section 94A.9, including the obligation to remove or modify a Curbside Shared Space at any time, as necessary for any City project or maintenance work at the Permittee’s own cost consistent with Administrative Code Section 94A.4(d)(1)(D). The Director of Public Works may choose to apply additional conditions on the Shared Space Permit that are pertinent to Public Works jurisdiction. (2) All Sidewalk and Curbside Shared Space permits shall be conditioned upon the obligation to remove or modify the Shared Space at any time, as necessary for any City project or maintenance work, which necessity shall be determined solely by the City Agency that issued the Shared Space Permit. In the event of an emergency, the City Agency may provide 24-hours notice. It shall be the Permittee’s obligation to remove or modify the Sidewalk or Curbside Shared Space at their own cost and return the right-of-way to a condition that the Director of Public Works deems appropriate. In no event shall the City be liable for reimbursing the Permittee for the costs of or restoring the Shared Space installation. (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. 38-26, File No. 251004, App. 3/12/2026, Eff. 4/12/2026)

(a) Requirements. Except as specified in subsection (b) below, all Curbside and Sidewalk Shared Space Permits shall conform to the Operational Requirements set forth in Administrative Code Section 94A.6. In addition, the Director of Public Works may also adopt such additional regulations as the Director deems appropriate and necessary for the proper management and use of a Curbside or Sidewalk Shared Space. The additional regulations may include but are not limited to: maintenance requirements; minimum required clearances from street corners, sidewalk bulb-outs, or protective bollards; appropriate clearances for paths of travel; applicable standards from the Americans with Disabilities Act; and appropriate clearances for stormwater and other hydrological concerns. (b) Grant of Exceptions. (1) Operational Requirements. Upon written request from a Permittee, the Director of Public Works may grant a non-material or other minor amendment to the conditions imposed on a Curbside or Sidewalk 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 decrease the benefit the City receives under the Permittee’s Shared Space Permit. (2) Good Neighbor Policies. Upon written request from a Permittee, the Director of Public Works may grant a non-material exception or other minor amendment to the Good Neighbor Policies set forth in Administrative Code Section 94A.6(b)(7) if the Director finds, in the Director’s sole discretion, that a Good Neighbor Policy is unwarranted or not appropriate for a particular Shared Space or event on the public right-of-way under the jurisdiction of Public Works due to unique circumstances and that the public interest would best be served by granting an exception. (3) Public Record. Any exceptions, minor amendments, or waivers granted by the Director pursuant to this subsection (b) shall be in writing and retained in a file available for public review. (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. 38-26, File No. 251004, App. 3/12/2026, Eff. 4/12/2026)

OR ADMINISTRATIVE REGULATIONS; ENFORCEMENT ACTIONS AND PENALTIES. (a) Enforcement Actions; Penalties. If any person has occupied a Shared Space in violation of any Permit conditions, operating requirements, or regulations applicable to the Shared Space, the Director of Public Works may take any action authorized by this Code that is considered necessary to abate or correct the violation. The Director is expressly authorized to: (1) Modify the Shared Space Permit, withdraw the Director’s approval of the Permit, or request revocation of the Permit by the Core City Agencies pursuant to Section 94A.5(g) of the Administrative Code; (2) Issue a criminal citation pursuant to the provisions of Section 792(e)(1)(A) of this Code that is applicable to Street Plazas; (3) Issue an administrative citation and assess the administrative penalties authorized by Section 792(e)(1)(B) of this Code for Street Plazas.

(4) Call upon other City officials to assist in the enforcement of this Article 15, including but not limited to the Chief of Police and the City Attorney; (5) Seize, remove, or demolish any structures or furniture placed in public sidewalk or roadway areas. The Director, in the Director’s discretion, also may issue a written determination that the structures or furniture are abandoned for purposes of the Department’s anticipated seizure, removal, or demolition. For purposes of this Subsection 793.4(a)(5), “abandoned” means that 30 business days after the date of Public Works issuance of a Notice of Violation, the permittee or party responsible for the structures or furniture has taken no affirmative step(s) to bring the structures or furniture into compliance with this1 Sections 793 et seq. Affirmative steps would include, but are not limited to, the following: (i) a written agreement with the Director that includes specific actions and timelines to bring the structures or furniture into compliance with Sections 793 et seq., (ii) the abatement of one or more violations identified in the Notice of Violation that demonstrate to the Director that the responsible party intends to bring the structures or furniture into compliance with Sections 793 et seq. or remove the structure and return the right-of-way to a condition acceptable to the Director, or (iii) other demonstrable actions that satisfy the Director that the responsible party will resolve the Notice of Violation. (A) If a permit to place the structure or furniture has been rescinded or expired, before any such structure or furniture is seized, the Permittee shall be notified and given 10 business days to remove the structure or furniture. If the Permittee does not remedy the underlying violation leading to the rescission of the permit and/or apply for a Shared Space Permit within the time prescribed, the City may seize, remove, or demolish the structure or furniture. (B) Seized furniture shall be retained by the City and may be recovered by the responsible party for a period of at least 30 business days following seizure. As a condition of recovering any furniture seized pursuant to this Section or receiving a subsequent Shared Spaces Permit, the Permittee shall pay an impound fee covering the actual cost to the City of transporting and storing such furniture, unless the seizure is deemed improper following a hearing under this subsection (a)(5). (C) If the Director determines that it is practicable to do so, Public Works shall retain any seized structures. As a condition of recovering any structure seized pursuant to this Section or receiving a subsequent Shared Spaces Permit, the Permittee shall pay an impound fee covering the actual cost to the City of transporting and storing such structure, unless the seizure is deemed improper following a hearing under this subsection (a)(5). (D) If the Director determines that it is not practicable to do so, Public Works may demolish any unpermitted structure placed in the right-of-way. Where a Permittee is responsible for an unpermitted structure that requires demolition, the Permittee shall not be eligible for a subsequent Shared Spaces Permit until the Permittee has paid the fee covering the actual costs to the City of demolishing and disposing of the structure(s). Such recoverable costs may include those incurred by Public Works and any other City department, including the City Attorney’s Office, for time and materials spent enforcing the requirements of the permit. (E) Notwithstanding any other provision of this Section 793.4, if the Director determines that any structure or furniture is placed in public sidewalk or roadway areas in such a place or manner as to pose an immediate and serious danger to persons or property, the City may seize such structure and furniture without prior notice to the Permittee if it is impractical to remedy the danger by moving the structure or furniture to another point on the sidewalk or public right-of-way. (F) Following any seizure, the Permittee shall be notified promptly of such seizure and shall have the right to request an informal hearing before a designated City official to determine whether the seizure was proper. The Permittee must request the hearing within 10 days of receiving notice of the seizure. Any furniture seized pursuant to this Section shall be retained by the City and may be recovered as provided herein. Failure to provide any notice to a Permittee pursuant to this section shall not give rise to any claims or cause of action against the City; and (6) Take any other enforcement action authorized by this Code that is applicable to occupancy of the public right-of-way. If there are outstanding Departmental costs after completion of the Department enforcement specified in Sections 793.4 et seq., the Director is authorized to work with the community facilities district or similar taxing entity whose jurisdictional boundaries include the location subject to the enforcement action to identify potential reimbursement sources for such costs. (b) Rules and Regulations; Director’s Orders. The Director may adopt such orders, rules, policies, procedures, regulations, rules, or standards as the Director considers appropriate in order to: (1) process, verify, and respond to complaints from the public concerning a Curbside or Sidewalk Shared Space that is routed from the 311 Customer Relationship Management System, as described in Administrative Code Section 94A.9(a); (2) abate a violation of the terms and conditions of a Sidewalk or Curbside Shared Space Permit or other requirements of Administrative Code Chapter 94A that are within the jurisdiction of the Director; and (3) identify specific violations that would be subject to the criminal citation penalty authorized in subsection (a)(2) above. (c) Public Hearing. In taking

tion 94A.9(a); (2) abate a violation of the terms and conditions of a Sidewalk or Curbside Shared Space Permit or other requirements of Administrative Code Chapter 94A that are within the jurisdiction of the Director; and (3) identify specific violations that would be subject to the criminal citation penalty authorized in subsection (a)(2) above. (c) Public Hearing. In taking any of the above actions, the Director of Public Works may hold a public hearing on the Permittee’s conduct. If a public hearing is held, the Director shall follow either the notice and hearing procedures for Street Encroachment Permits set forth in Section 786 et seq. of this Code or a codified notice and hearing procedure that is more applicable to a Shared Spaces Permit. (Added as Sec. 793.5 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. 67-23, File No. 230124, App. 4/27/2023, Eff. 5/28/2023) (Former Sec. 793.4 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. 67-23.

(Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered as Sec. 793.5 by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 99-21 , approved 7/28/2021, effective 8/28/2021). The text of the amendment will be incorporated under the new section number when the amending legislation is effective. The Steward shall make its financial records related to the use of the People Place available to the Director of Public Works for inspection upon written request of the Director. (Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016) SEC. 794. AUTONOMOUS DELIVERY DEVICES ON SIDEWALKS - PERMIT REQUIRED. (a) Purpose. “Autonomous Delivery Device” means a motorized device used to transport items, products, or any other materials on City sidewalks for commercial purposes, and guided or controlled without a human operator sitting or standing upon and actively and physically controlling the movements of the device. The purpose of this Section 794 is to establish a permit program to authorize and regulate the operation of Autonomous Delivery Devices on City sidewalks for the limited purposes of testing for research and development (“Testing”) for anticipated commercial uses. Under this Section, the operation of Autonomous Delivery Devices for any other purpose is prohibited. This Section shall not govern the operation of Autonomous Delivery Devices on City streets and highways subject to the exclusive jurisdiction of the San Francisco Municipal Transportation Agency (“SFMTA”). (b) Permit Required. It shall be unlawful for any person, including but not limited to natural persons and businesses, to operate an Autonomous Delivery Device in, on, or above any public sidewalk (as defined in Article 2.4 of the Public Works Code) without a permit. (c) Public Works Director’s Administration of Permit. The Public Works Director shall administer all Autonomous Delivery Device permits pursuant to the requirements, rules, and regulations set forth in this Section 794 or in orders, regulations, or procedures that the Public Works Director shall adopt as he or she deems necessary to preserve and maintain the public health, safety, welfare, and convenience (“Regulations’”). Such Regulations may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, accessibility of sidewalks and streets, the number of Autonomous Delivery Devices that may simultaneously undergo Testing in the same area, and the minimum distance between Autonomous Delivery Devices during Testing. (d) Restrictions on Duration and Number of Autonomous Delivery Device Permits. Notwithstanding the authority granted to the Public Works Director under subsection (c), the following restrictions shall apply to Autonomous Delivery Device permits. (1) No permit issued under this Section 794 shall remain valid for longer than 180 days; provided that the Public Works Director may grant up to two 90-day extensions, if the permittee requests such an extension prior1 the expiration of the initial 180-day period or prior 90-day extension. When a permittee requests an extension, the permittee shall provide Public Works with a report that provides all data collected during prior Testing and describes any public safety-related incidents that have occurred. (2) No permit shall authorize the Testing of more than three Autonomous Delivery Devices for each permittee. (3) No more than a total of nine Autonomous Delivery Devices shall be permitted at any time. (4) No permittee may hold more than one permit at any time; provided that a permittee may apply for a second permit, if after six

months have elapsed from the effective date of this Section 794, no more than two prospective permittees have applied for an Autonomous Delivery Device Testing permit. In the event a permittee applies for and is issued a second permit under this subsection (d) (4), that second permit shall not be eligible for an extension under subsection (d)(1). (e) Application Process. Public Works shall receive and process each permit application, and the content of permit applications shall comply with the Public Works Director’s Regulations. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the application. Public Works may refer a permit application to any other appropriate City department for its review and consultation. The applicant shall provide the following information as part of the application submittal: (1) Name, office address, telephone number, and email address of applicant; (2) Description, physical dimensions, and technical specifications of the Autonomous Delivery Device; (3) Description and purpose of Testing; (4) Dates and times of Testing; (5) Description of and visual diagram depicting proposed path of travel of the Autonomous Delivery Device on City sidewalks or above sidewalks and public right-of-ways within the jurisdiction of the Department of Public Works (“Public Works”); (6) Operations manuals and instructions for operation of the Autonomous Delivery Device, including manner of causing it to come to a full and complete stop; (7) Privacy policy that addresses the manner in which applicant will use, store, and safeguard photographic, video, and other data obtained through the Testing; and (8) A description of the means by which the applicant has considered any potential labor disputes involving the applicant’s workforce. (f) Public Notice and Opportunity to Comment. Upon submission of the Autonomous Delivery Device permit application, the applicant shall post Notices of Application provided by Public Works for a period of 20 days at the Testing site(s), as prescribed by the Director’s Regulations. The Notice(s) shall be posted along the sidewalks according to a public notice plan acceptable to Public Works. The applicant shall submit to Public Works photographic evidence that the Notice(s) were posted appropriately. The applicant shall remove the Notice of Application the day after expiration of the 20-day notice period. Public Works shall accept public comments on the Notice of Application for 20 days from the first day the Notice was posted. Public Works shall also list pending applications and all approved permits on their website. (g) Public Hearings. (1) Public Works Hearing. The Public Works Director shall hold a public hearing regarding each Autonomous Delivery Device permit application. Unless otherwise outlined in this Section 794 , the Notice of Public Hearing posting shall comply with Article 5.6 of the Public Works Code. The Public Works Director shall also notify the Board of Supervisors of any public hearing held under this subsection (g)(1), and the Director’s written determination after such hearing. (2) Appeal to Board of Supervisors. The Public Works Director’s approval or disapproval of an Autonomous Delivery Device permit application, or the Public Works Director’s modification, suspension or revocation of an Autonomous Delivery Device permit, may be appealed to the Board of Supervisors. During the appeal, the permittee may not operate any Autonomous Delivery Device. The Board of Supervisors shall hold a public hearing on an appeal of the Public Works Director’s decision, and may approve, disapprove, or modify the Director of Public Works’ prior determination. The Board of Supervisors’ decision on such an appeal is final. (A) Any such appeal shall be filed in writing with the Clerk of the Board of Supervisors within 10 days of the date of the Public Works Director’s decision, and shall be accompanied by payment of a fee of $300, payable to the Office of the Clerk of the Board, and payment of a fee of $225, payable to the San Francisco Department of Public Works. The Clerk of the Board may establish a policy to waive the appeal fee for neighborhood organizations or those whose income is not enough to pay for the fee without affecting his, her or their abilities to pay for the necessities of life. (B) With respect to appeals under this subsection (g)(2), the Board of Supervisors shall schedule a hearing on the appeal to be held no less than 14 days and no more than 30 days after the last available filing date of the appeal; provided that if the Board of Supervisors does not conduct at least three regular Board of Supervisors meetings during such 30 day period, the Board of Supervisors shall hold its hearing within 45 days of the last available filing date of the appeal or at the next regularly scheduled Board of Supervisors meeting should such deadline fall within a Board of Supervisors recess. The Board of Supervisors shall make a final decision no later than 90 days from the last available filing date of the appeal. (C) The Clerk of the Board of Supervisors shall publish a Notice of Public Hearing at least 10 days in advance of the appeal hearing in at least one newspaper of general circulation within the City and County of San Francisco; and provide mailed notice to (i) anyone requesting notification in writing to the Office of the Clerk of the Board of Supervisors, and (ii) the neighborhood organization(s) on the list maintained by the Planning Department located within the Testing area, at least ten days in advance of the appeal hearing. (D) The appellant or its representative and other interested members of the public including the permittee shall submit any written briefs a

tion in writing to the Office of the Clerk of the Board of Supervisors, and (ii) the neighborhood organization(s) on the list maintained by the Planning Department located within the Testing area, at least ten days in advance of the appeal hearing. (D) The appellant or its representative and other interested members of the public including the permittee shall submit any written briefs and documentation they want available to the members of the Board of Supervisors and included in the packet materials prior to the hearing to the Office of the Clerk of the Board of Supervisors no later than 12:00 pm, at least 11 days prior to the hearing date for the appeal, and City departments shall submit their responses to any written briefs and documentation from the appellant no later than 12:00 pm, at least eight days prior to the hearing date for the appeal; any written briefs and documentation received after these deadlines may

not be a part of the hearing packet materials and the submitting party shall be responsible for distribution. (E) If the Office of the Clerk of the Board of Supervisors receives multiple timely appeals of Public Works Director’s decision, the Clerk of the Board of Supervisors may consolidate such appeals so that they are heard simultaneously. (h) Conditions of Approval and Data Sharing. (1) Conditions of Approval. The Public Works Director, in consultation with the SFMTA and any appropriate City Department, shall impose any conditions of approval that the Director deems necessary to protect the public health, safety, and welfare of pedestrians and other users of the sidewalks and public right-of-ways. The Public Works Director shall have the authority to add conditions of approval to, modify, or suspend the Autonomous Delivery Device permit to address public health, safety, and welfare issues arising from the Testing. Failure to comply with the Director’s conditions of approval may result in immediate revocation of the permit. If the failure to comply with the Director’s conditions of approval also creates a significant risk to public safety, the Director shall immediately revoke the permit. If the Director revokes a permit under this subsection (h)(1), the permittee shall be ineligible for any future Autonomous Delivery Device permits. Any such revocation may be appealed to the Board of Supervisors under subsection (g)(2). (2) Data Sharing. Each Autonomous Delivery Device permittee shall disclose the following information to the City Administrator’s Office and Public Works on a monthly basis: (A) data collected during the Testing of an Autonomous Delivery Device, including any Global Positioning System (“GPS”) or photographic data; (B) information regarding the San Francisco businesses that are incorporating the Testing of Autonomous Delivery Devices into their operations; and (C) incidents arising from the Testing of the each1 Autonomous Delivery Device, including but not limited to, violations of the operational requirements set forth in subsection (i), incidents impacting public safety, public complaints regarding such Testing, any malfunctions or public tampering with a permitted device, or any collisions with street furniture, vehicles or persons in the public right of way. (i) Operational Requirements. The Testing of Autonomous Delivery Devices shall abide by the following requirements. To evaluate whether a permittee has complied with these requirements, Public Works may seek the review and consultation of any other appropriate City department. (1) Speed limit. Autonomous Delivery Devices shall not travel more than three miles per hour. (2) Human Operator. A human operator shall remain within 30 feet of the Autonomous Delivery Device for the entire duration of the Testing. (3) Rights of Way. Autonomous Delivery Devices shall yield the right of way to pedestrians and bicycles. (4) Permissible Testing Areas. Permittees shall only Test Autonomous Delivery Devices on sidewalks that (A) are located in zoning districts designated for Production, Design, and Repair (“PDR”) uses, (B) are not identified as a high-injury corridor by the City’s Vision Zero SF road safety initiative, and (C) can simultaneously accommodate the Testing of Autonomous Delivery Devices and paths of travel for persons with disabilities or have an effective sidewalk width of six feet. (5) Traffic Signals. Autonomous Delivery Devices shall obey all signs and signals governing traffic and pedestrians. (6) Hazardous Materials. Autonomous Delivery Devices may not transport waste or hazardous materials (including flammables or ammunition). (7) Headlights. Autonomous Delivery Devices shall be equipped with headlights that operate at night, sunrise, and sunset. (8) Warning Noise. Autonomous Delivery Devices shall emit a warning noise while in operation, at a volume sufficient to warn nearby pedestrians and bicyclists. (9) Unique Identifier. Each permittee shall place a unique identifier on each Autonomous Delivery Device that also includes the permittee’s contact information. (10) Insurance Requirements. Each permittee shall obtain and have readily accessible proof of general liability, automotive liability, and workers’ compensation insurance. (11) Indemnification of City. Each permittee shall agree to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind allegedly arising directly or indirectly out of permittee’s Testing of Autonomous Delivery Devices on City sidewalks. (12) Docking. When not in use for Testing, each permittee shall dock Autonomous Delivery Devices on private property and not on a City sidewalk or in the public right of way. (13) Site Visits. Each permittee shall allow Public Works to attend and observe at least one Testing session during the term of each Autonomous Delivery Device Testing permit. (j) Public Works’ Report Regarding Permitting Program. Within one year of the issuance of the first Autonomous Delivery Device testing permit under this Section 794, Public Works shall provide a report to the Board of Supervisors regarding the operation of the permitting program, summarizing the data it has collected from permittees, and offering findings and recommendations regarding its administration of this program.

(k) Penalties. (1) Criminal Penalty. Any permittee who shall violate any of the provisions of this Section 794 shall be guilty of an infraction. Every violation determined to be an infraction is punishable by (1) a fine not exceeding $100 for the first violation within one year; (2) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (3) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation. No criminal penalty may be imposed on the employee or staff of any company, corporation or other business entity that is operating an Autonomous Delivery Device in violation of this Section 794. (2) Civil Penalty. (A) The Public Works Director may request the City Attorney to maintain an action for injunction to restrain or summary abatement to cause the correction or abatement of a violation of this Section 794 and for assessment and recovery of a civil penalty and reasonable attorney’s fees for such violation. (B) Any person who violates this Section 794 may be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. The City Attorney may seek recovery of attorney’s fees and costs incurred in bringing a civil action pursuant to this subsection (k). (3) Administrative Penalty. In addition to the criminal or civil penalties authorized by subsections (1) and (2), Public Works employees designated in Section 38 of the Police Code may issue administrative citations for such violations. The administrative penalty shall not exceed $1,000 per day for each violation. Such penalty shall be assessed, enforced, and collected in accordance with Section 39- 1 of the Police Code. (Added by Ord. 244-17, File No. 170599, App. 12/22/2017, Eff. 1/21/2018; amended by Ord. 50-18, File No. 171318, App. 3/29/2018, Eff. 4/29/2018) CODIFICATION NOTE

1. So in Ord. 244-17. SEC. 795. GREATER DOWNTOWN ACTIVATION PERMITS. (a) Purpose and Definitions. The purpose of this Section 795 is to establish a streamlined regulatory program for the Greater Downtown Community Benefit District Master Permitting for Entertainment Activation Program, as established in Administrative Code Chapter 94D, and to allow activations that incorporate Entertainment Zones. For purposes of this Section 795, the definitions in Administrative Code Section 94D.1 are incorporated by reference as if fully set forth herein. (b) Application Requirements. A prospective Permittee may submit an application for a Greater Downtown Activation Permit to the Director of Public Works (“Director”), consistent with the requirements of Administrative Code Chapter 94D and this Section 795. Each proposed Permit application must contain the following components: (1) Proposed daily, weekly, and monthly programmed hours of use of the Downtown Activation Location(s) on an annual basis for which the Permit will be active. The Permit shall specify a minimum number of yearly programmed events. In no case shall the Permit propose fewer than 20 events per year, which may be proposed at one or more Activation Location(s). (2) Proposed scope of activities on an annual basis for which the Permit shall be active. This may include use of moveable or temporary structures or public art; general programming and activation of the Downtown Activation Location; and 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. (3) Proposed number and scope of Entertainment Zone events licensed by the Department of Alcoholic Beverage Control (“ABC”) and a list of participating brick-and-mortar establishments. (4) A proposed plan to comply with the Americans with Disabilities Act access requirements. (5) A proposed site plan addressing any temporary or permanent structures within the Downtown Activation Location, such as fences or a stage, public access to and from the Activation Location, first responder access to the Activation Location, Fire Department apparatus access to the Activation Location and affected structures, identification of all emergency facilities and exits within the Activation Location (including, but not limited to fire hydrants, fire connections, street alarm boxes, fire control rooms, fire pump rooms, fire escapes, and building exits and emergency openings), and access to all such facilities and exits. 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, maintenance hole covers, and other utility access points. (6) A proposed plan for protecting the hardscape and/or landscaping of the Downtown Activation Location, including cleaning

activities to be conducted in preparation for, during, and immediately following each event. (7) A proposed plan for notifying occupants of nearby properties that may be affected by the events, notifying relevant government agencies in advance of events, responding to complaints, or responding to feedback from government agencies. (c) Permit Issuance. Public Works may issue any Downtown Activation Location Permit consistent with this Section 795 and Administrative Code Chapter 94D. The permit terms and conditions of approval authorized by this Section and Administrative Code Chapter 94D shall be imposed on the Downtown Activation Permit and enforced pursuant to the provisions of this Section. The Director shall approve the application if the Director determines that the applicant has demonstrated its ability to carry out the proposal submitted in its Permit application materials set forth in subsections (b)(1)-(7) above, to implement such measures as may be necessary to protect the security, health, safety, and welfare of the public, and to comply with all applicable laws. In approving an application, the Director must make the specific findings provided in subsections (c)(1)-(3) below, and may, in the Director’s discretion, rely upon the review and approval by other City departments, such as the Fire Department and San Francisco Municipal Transportation Agency (“SFMTA”), in making said findings. (1) The proposed site plan(s) demonstrate adequate ingress, egress, circulation, and emergency response access for event participants and non-participants in the vicinity; (2) The proposed event schedule provides for adequately spaced and time-limited events that ensure public access to the area outside of scheduled events; and (3) The proposed event dates, duration, and scope do not overextend the City’s ability to accommodate such use or occupancy with the necessary resources, considering potentially conflicting uses of public streets and public resources. (d) Permit Terms and Conditions. (1) The Permit shall specify the terms of operation, use, and maintenance of a Downtown Activation Location. 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; strategies to ensure cohesion with existing City programs and Shared Spaces permittees within the Downtown Activation Location Permit area; the authorized signage program; and the delineation of maintenance responsibilities between the City and the Permittee. (2) The term of the Permit shall be a minimum of one year and a maximum of five years. (3) The Permit shall specify that the Permit may be terminated, suspended, or modified if the Permittee conducts less than the stipulated number of minimum annual programmed events. (4) The Permit shall require that the Permittee submit an annual calendar of events to the Chief of Police, the Director of Public Works, the Fire Marshal, the SFMTA, and the Entertainment Commission no later than 30 days prior to January 1 of each year. Any changes to the proposed annual calendar or to any individual event or site plan shall require 15 days’ notice to the aforementioned agencies. (5) The Permit shall require that the Permittee submit a list of events to be licensed by the ABC pursuant to the Entertainment Zone designation, to the Chief of Police, the Director of Public Works, the Fire Marshal, and the Entertainment Commission. Said list shall also include the licensed brick-and-mortar establishments that intend to participate in the Entertainment Zone for a particular event pursuant to California Business and Professions Code Sections 23357, 23358, and 23396. (6) Liability and Insurance. (A) The Director shall determine the scope of the Permittee’s maintenance and liability responsibility that shall apply to the Permit based on the scope of the Permittee’s authorized use of the Downtown Activation Location; (B) The Director shall determine required liability, indemnity, and insurance coverages. If the Permittee has existing liability, indemnity, or insurance coverage that would encompass the permitted activities, the Director may deem that such coverage satisfies the Permit requirements. (7) Deposit and Security. Prior to permit issuance, each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the Permittee and its agents under the Permit (the “Deposit”). The Deposit shall be in the sum of $25,000 in favor of the “Department of Public Works, City and County of San Francisco.” The Director may make deductions from the balance of the Deposit to ensure faithful performance of the obligations of the Permit, including but not limited to the future modification or restoration of the permit area(s) to a condition satisfactory to the Director if the permittee abandons or terminates the Permit or the Director revokes the Permit. If the Director has deducted from the Deposit, the Permittee must restore the full amount of the Deposit within 30 days of the Director’s notice of the deduction. Upon expiration of the Permit, a Permittee’s deposit(s), less any deductions, shall be returned to the Permittee or to its assigns. (8) Non-Exclusive Use. The Permit shall provide that the Permittee’s use and occupancy of the Downtown Activation Location is non-exclusive and shall not take priority over other existing right-of-way permittees, including but not limited to Shared Spaces Permittees, or future lawful occupants of the right-of-way, including but not limited to general members of the public and parade permittees under Police Code Section 367. All events shall be open to

Permittee’s use and occupancy of the Downtown Activation Location is non-exclusive and shall not take priority over other existing right-of-way permittees, including but not limited to Shared Spaces Permittees, or future lawful occupants of the right-of-way, including but not limited to general members of the public and parade permittees under Police Code Section 367. All events shall be open to the public, except as necessary to comply with other licensing or regulatory requirements, including but not limited to ABC licensing and permit requirements. (9) The Permit shall be conditioned upon the obligation to vacate, remove any furniture or other installations, or modify the Downtown Activation Location at any time, as necessary for any City project or maintenance work, which necessity shall be determined solely by the Director. In the event of an emergency, the Director may remove any of Permittee’s furniture or other installations. Under the circumstances described in this subsection (d)(9), it shall be the Permittee’s obligation to vacate, remove any furniture or other

installations, or modify the Downtown Activation Location at its own cost and return the right-of-way to a condition that the Director deems appropriate. In no event shall the City be liable for reimbursing the Permittee for the costs of or restoring the Downtown Activation Location installation. (e) Regulations for Downtown Activation Locations. (1) The Director shall administer all Downtown Activation Locations pursuant to the requirements, rules, and regulations set forth herein: (A) Performance of Labor. Permittees may perform labor in the Downtown Activation Locations as permitted by the CBD Nonprofit’s contract with the City to administer and implement the CBD’s management plan or the Permit. Any labor that exceeds the scope of authorized activities under said contract shall require prior approval of the Director. (B) No Unpermitted Structures. All structures stationed or erected in the Activation Location shall be included in the site plan and must be approved in the Permit. There shall be no stationing or erecting of any structure(s) on the Downtown Activation Location without prior permission from the Director and, if required, the Fire Department. (C) No Smoking. Pursuant to the Health Code Chapters 19I and 19L, smoking is prohibited on any unenclosed area of property 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 used as a farmers’ market, and at specified outdoor events involving a street closure. This prohibition on smoking shall apply to Downtown Activation Locations. (D) There shall be no skateboarding, bicycle riding, or pets off leash, without prior permission from the Director. (E) No alcohol is allowed to be sold or consumed in Downtown Activation Locations without all required San Francisco and State authorizations and permits. (F) General advertising is prohibited. (G) The Permittee shall maintain the safety, cleanliness, and, to the extent feasible, quiet, of the Downtown Activation Location and its adjacent area. (H) The Permittee shall provide proper and adequate storage and disposal of debris and garbage. (I) The Permittee shall contain noise and odors to the extent feasible, unless otherwise permitted, within the immediate area of the Downtown Activation Location so as not to be a nuisance to neighbors. (J) The Permittee shall prominently display notices during events that urge patrons to leave the Downtown Activation Locations 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. (K) Collect and dispose of, in a timely manner, any discarded beverage containers and other trash left by patrons after the conclusion of programmed events. (2) Regulations; Orders. In addition to the requirements set forth herein, the Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as deemed necessary to preserve and maintain the public health, safety, welfare, and convenience (“Regulations”). Such Regulations may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, and accessibility of sidewalks and streets. When such Regulations may affect the operations and enforcement of the SFMTA, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the SFMTA prior to adoption of such Regulations. (3) Exceptions. After written request from a Permittee, the Director is authorized to issue non-material exceptions or other minor amendments to the Downtown Activation Regulations as long as the Director, in consultation with the City Attorney’s Office, determines that such exceptions or amendments do not materially increase the City’s costs or obligations, decrease the benefit the City receives under the Permit, and are reasonable within the purpose of the Greater Downtown Activation Program. The Director shall issue such exceptions in writing, retain the granted exceptions in a file available for public review, and shall post such correspondence on the Department’s website. (f) Appeal of Permit Issuance or Denial. The issuance, conditions, or denial of a Permit may be appealed to the Board of Appeals pursuant to the provisions of Charter Section 4.106 and Sections 8 et seq. of the Business & Tax Regulations Code. An appeal shall be filed in writing with the Clerk of the Board of Appeals within 15 days of the issuance or denial of the Permit. (g) Violation of Permit or Regulations; Revocation; Penalties. (1) Enforcement Actions; Penalties. If any Permittee has occupied a Downtown Activation Location in violation of any Permit terms and conditions, requirements, or regulations applicable to the Downtown Activation Location, including but not limited to the failure to hold the minimum number of yearly events, the Director of Public Works may take any action authorized by this Code that is considered necessary to abate or correct the violation. Additionally, a violation of any of the requirements of the CBD Nonprofit’s contract with the City to administer and implement the CBD’s management plan, including but not limited to reporting and filing requirements, shall be grounds for the actions set forth in this subsection (g). The Director is expressly authorized to: (A) Modify the terms of the Permit or revoke the Permit; (B) Issue an administrative or criminal citation in the same manner applicable to Street Plazas, set forth in Section 792(e)(1) of this Code;

(C) Call upon other City officials to assist in enforcement, including but not limited to the Chief of Police, the Fire Marshal, and the City Attorney; and (D) Take any other enforcement action authorized by this Code that is applicable to occupancy of the public right-of-way. (2) Public Hearing; Appeals. In taking any of the above actions, the Director may hold a public hearing on the Permittee’s conduct. If a public hearing is held, the Director shall follow the notice and hearing procedures for Street Encroachment Permits set forth in Section 786 et seq. of this Code. The Director’s modification, revocation, or suspension of a Permit may be appealed to the Board of Appeals pursuant to the provisions of Charter Section 4.106 and Sections 8 et seq. of the Business and Tax Regulations Code. An appeal shall be filed in writing with the Clerk of the Board of Appeals within 15 days of the modification, revocation, or suspension of the Permit. (3) Restoration. Following the revocation or expiration of a Permit, the former Permittee shall restore the public right-of way to a condition satisfactory to the Director at the sole and absolute expense of the former Permittee. (h) Reporting. Permittees must report on the public spaces activated under the Greater Downtown Activation Program, including any Entertainment Zone events, on a yearly basis as part of the CBD Nonprofit’s annual reporting under California Streets and Highways Code Section 36650 and the CBD Nonprofit’s contract with the City to administer and implement the CBD’s management plan. Such report shall include at a minimum the number of permitted Downtown Activation Locations; the number and description of events held that year, including the number of ABC-licensed events, and the number of events held in partnership with other community organizations; whether the events were regularly-occurring or one-time events; and any other relevant information about the Greater Downtown Activation Program. (Added by Ord. 237-24, File No. 240804, App. 10/11/2024, Eff. 11/11/2024) SEC. 796. EXCEPTION FOR MINOR ENCROACHMENTS REGULATION BY THE PORT OF SAN FRANCISCO AT CERTAIN PROJECTS ON PORT PROPERTY. (a) Application. This Section 796 applies within the public sidewalks in the Mission Rock Special Use District established by Planning Code Section 249.80, the Pier 70 Special Use District established by Planning Code Section 249.79, and that portion of 23rd Street within the Potrero Power Station Special Use District established by Planning Code Sec. 249.87 beginning at Illinois Street and continuing for approximately 735 linear feet to the eastern side of Louisiana Paseo, provided that such streets have been accepted by the Board of Supervisors for maintenance and liability and have been placed within the jurisdiction of the Department of Public Works for regulation of street use. (b) Exception for Port Regulation of Certain Minor Encroachments. The categories of minor encroachments specified in this subsection (b) shall not be subject to permitting, approval, or enforcement by the Department, provided the Port of San Francisco (“Port”) has exercised authority to permit or approve said categories of encroachments. This exception shall apply only to the following categories of minor encroachments: merchandise displays; benches and similar seating; tables; planters; and café tables, chairs, and related appurtenant items such as umbrellas, lighting, pedestrian diverters, and waste containers, provided such items satisfy specifications and a range of physical dimensions agreed upon in writing by the Port and Public Works (collectively, “Port-Regulated Encroachments”). Such Port-Regulated Encroachments shall not be subject to Public Works Code Sections 176 et seq. (café tables and chairs); Sections 183 et seq. (food and non-food merchandise display stands); Sections 723 et seq. (minor encroachments); Sections 793 et seq. (Shared Spaces); and Article 16 (Urban Forestry Ordinance) to the maximum extent permitted by Proposition E (November 2016). The Port shall exercise exclusive authority to regulate and enforce compliance regarding such Port-Regulated Encroachments. The Port shall exercise exclusive authority and responsibility for Maintaining Street Trees, as those terms are defined in Proposition E, that are Port-Regulated Encroachments, to the extent required by Proposition E. Port-Regulated Encroachments must not be permanently affixed (e.g., bolted) to the sidewalk. (c) Major Encroachments. Notwithstanding subsection (b), if the Department determines that an encroachment would constitute a major encroachment subject to Public Works Code Section 786 et seq., such encroachment shall be subject to the Department’s review and discretionary approval or disapproval pursuant to Section 786 et seq. (d) Access and Authority. Nothing in this Section 796 shall preclude any City department from protecting or accessing property or improvements within its jurisdiction for maintenance or any other purpose, or shall otherwise limit the authority of and remedies available to any City department under law. (e) Procedures. The Directors of the Port and the Department shall establish procedures to implement this Section 796, including procedures for coordinating encroachments or assets regulated or managed by the Port and the Department, respectively, that may be within close physical proximity. (Added by Ord. 58-25, File No. 250187, App. 5/2/2025, Eff. 6/2/2025)