San Francisco County Municipal Code § 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)