In Administrative Code Chapter 94A the City established the Shared Spaces program that allowed for activation of the public right-of-way and private property with parklets, patios, and similar structures associated with brick and mortar businesses. The City expanded this program during the Covid emergency and now is terminating the emergency provisions and providing an avenue for applicants to obtain new permits that meet current requirements. Planning Code Section 183 addresses non-conforming uses and includes standards that specify when the underlying use is discontinued or abandoned. The Mission Street Neighborhood Commercial Transit District has at least one non-conforming public parking lot that contains a Shared Spaces patio characterized as an Outdoor Activity Area which was installed during the Shared Spaces emergency program.

The legislation amends Planning Code Section 183 to clarify that in the Mission Street Neighborhood Commercial Transit District a portion of a non-conforming public parking lot occupied by a Shared Spaces patio shall not be treated as abandoned if the Shared Space use continues.

The legislation enables continued use of existing shared spaces in specified public parking lots in the Mission Street Neighborhood Commercial Transit (NCT) District without triggering abandonment of the underlying vehicular parking use.

The Emergency Shared Spaces Program has proven that small business owners can safely and appropriately activate outdoor areas adjacent to their brick-and-mortar establishments for food service and other uses. These activations have been and continue to be critical for small business retention and stabilization in the City's neighborhoods as well as retention of jobs and tax revenues. After the termination of the Emergency Program in 2023, these outdoor activations should continue under the appropriate permitting mechanisms to ensure the continued economic and social benefits that these activations provide.

The ordinance becomes effective 30 days after enactment, which occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned, or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor’s veto of the ordinance.

The Planning Department's determination that the actions contemplated in this ordinance comply with the California Environmental Quality Act is affirmed by the Board of Supervisors. Furthermore, the Planning Commission adopted findings that the actions contemplated in this ordinance are consistent on balance with the City’s General Plan and eight priority policies of Planning Code Section 101.1, which the Board adopts as its own.