§ 94A.6. PEOPLE PLACE PERMIT - ISSUANCE, MODIFICATION, AND REVOCATION; STEWARDSHIP AGREEMENT.

(a) Submission of Permit Application. After a People Place Proposal has been reviewed and evaluated by Planning and the Core City Agencies with jurisdiction over the People Place Category, determined suitable for further development, and accepted into the Places for People Program pursuant to Section 94A.5(b), the prospective Steward may submit an application for a People Place Permit. After Planning has reviewed the application for completeness and compliance with Program requirements, Planning will direct the prospective Steward to submit the application to the Core City Agency with primary jurisdiction over the People Place.

(b) Permit Application Requirements. The permit application requirements for specific People Place Categories are set forth as follows:

(1) for City Lot People Places, in Section 94A.8 of this Chapter 94A;

(2) for Sidewalk People Places, in Public Works Code Section 793et seq.;

(3) for Curbside People Places, in Public Works Code Section 793et seq. and Division II of the Transportation Code.

(4) for Roadway People Places, in Public Works Code Section 793et seq. and Division II of the Transportation Code.

(c) People Place Permit – Issuance; Conditions of Approval; Limited Duration.

(1) Issuance. Issuance of a People Place Permit authorizes the Steward to create a People Place by occupying the location with reversible physical treatments or improvements and/or activating the location with programming. For the Core City Agencies, a People Place Permit shall incorporate the requirements of and substitute for a permit that would otherwise be required under other sections of the Municipal Code. Copies of approved and issued People Place Permits for People Places on City-Owned Lots shall be maintained by Real Estate. Copies of approved and issued People Place Permits for People Places in the public right-of-way shall be maintained by Public Works.

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

(3) Limited Duration. A People Place Permit is intended to be temporary and has a limited duration. The standard term for a Curbside People Place, a Roadway People Place, or a Sidewalk People Place Permit shall be for no longer than two years, after which it may be renewed or extended upon review and approval by the Core City Agencies with jurisdiction over the People Place. The standard term of a City Lot People Place Permit shall be no longer than five years, which may be extended by the Director of Real Estate pursuant to the provisions of Section 94A.8(d).

(d) Permit Cover Sheet. The approval of the People Place Permit shall be memorialized by a Permit Cover Sheet that is attached to the Permit. The Permit Cover Sheet must be signed by a person designated by the Director of each Core City Agency with jurisdiction over the proposed People Place. A Core City Agency with jurisdiction over the proposed People Place may, at its own discretion, request that a person designated by the Director of another Core City Agency involved in the review of the People Place Permit also sign the Permit Cover Sheet.

(e) Stewardship Agreement. At the request of a Core City Agency with jurisdiction over the People Place Category, the Program and Steward will jointly develop a People Place Stewardship Agreement for approval by all the Core City Agencies with jurisdiction over the People Place. The Stewardship Agreement will impose conditions and operational requirements on the People Place that are in addition to those set forth in the People Place Permit. A copy of the Stewardship Agreement, approved by the applicable Core City Agencies, shall be attached to the People Place Permit, and its provisions shall be considered permit requirements equivalent to those set forth in the People Place Permit and enforceable pursuant to Section 94A.10.

(f) Coordination of Additional Permits Required from Other City Agencies. Certain activities may require additional permits or approvals from another City agency, board, commission, or department that is not a Core City Agency. In such cases, the Core City Agencies shall coordinate regarding all other permits or approvals that may be necessary for or related to activities at the People Place. If additional permits or approvals are required from other City agencies, boards, commissions, or departments, they may be granted by the signature of an authorized representative of the entity on the Permit Cover Sheet described in subsection (d) above.

(g) Coordination of Additional Permits Required from Other Governmental Authorities. Certain activities in the public right-of-way may require additional review and approvals from Federal or State authorities, or other County agencies, boards, commissions, or departments. In such cases, the Core City Agencies shall coordinate, to the extent feasible, regarding all other review or approvals that may be necessary for or related to the activities at the People Place.

(h) Modification of a People Place Permit; Withdrawal of Approval.

(1) Permit Modification. People Place Permits on public space are revocable at will. Therefore, each Core City Agency that has approved issuance of a People Place Permit may at any time modify those portions of the Permit that are within its jurisdiction, including any conditions. If a Core City Agency makes a determination to modify the People Place Permit or any conditions that it has imposed, or to impose additional conditions, the Agency shall notify Planning and the other Core City Agencies with jurisdiction over the People Place.

Upon notification of a modification of the Permit, Planning and any Core City Agency that approved issuance of the People Place Permit shall determine if other portions of the Permit also need to be modified, or if the entire People Place Permit needs to be revoked pursuant to subsection (i) below. A new People Place Permit is required to be issued if Planning and the other participating Core City Agencies determine that the proposed modifications are major. Minor modifications to a People Place Permit may be made without the issuance of a new Permit. The Core City Agencies with jurisdiction over the People Place will notify the Steward of any permit modifications or if revocation of the entire Permit pursuant to subsection (i) below is required.

(2) Withdrawal of Approval. A Core City Agency may at any time withdraw its approval of the People Place Permit. If a Core City Agency makes a determination to withdraw its approval of the People Place Permit, the Agency shall notify Planning and the Core City Agencies that approved issuance of the People Place Permit of its decision to sever from the permit those portions that are within the Agency’s jurisdiction. Upon receipt of a notification of severance, Planning and any Core City Agencies that approved issuance of the Permit shall determine if the severance requires revocation of the permit in its entirety pursuant to subsection (i) below, or whether the permit can be modified. If the remaining Core City Agencies determine that the severance does not require revocation but requires a major modification of the permit, a new People Place Permit must be issued.

The Core City Agency or Agencies with jurisdiction over the People Place will send the Steward written notification of the severance and any resulting modification or revocation of the People Place Permit.

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

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

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

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

If the People Place Permit is revoked, the Core City Agencies with jurisdiction over the People Place shall send the Steward written notification of the revocation.

(Added by Ord. , File No. 160893, App. 11/22/2016, Eff. 12/22/2016)