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Supervisors permit limited sidewalk seating in certain nonconforming areas; fee and access requirements applied
Summary
The board approved a planning-code amendment to allow certain nonconforming uses to occupy public sidewalk space with tables and chairs in specified locations, subject to ADA and pedestrian-access standards and a $3.26-per-square-foot assessment; sponsors said the change affects 159 locations in the city.
San Francisco — The Board of Supervisors on Sept. 26, 2006 approved an ordinance that amends the planning code to allow certain nonconforming uses to place tables and chairs on the public sidewalk in limited areas where such outdoor seating was previously prohibited.
Supervisor Mercurini described the measure as a modest, citywide option for a limited set of properties. She said the change grew out of work with a café in District 5 seeking outdoor seating and subsequent coordination with the planning department. Under the ordinance, eligible establishments may seek permission to use sidewalk space for tables and chairs provided they meet strict standards, including pedestrian circulation and Americans with Disabilities Act access. The sponsor also noted a $3.26-per-square-foot assessment for use of the public right of way tied to the program; she said the figure could be revisited in the future.
Supervisor McDoerter (paraphrased in discussion) clarified the ordinance applies only to a limited group of nonconforming properties — not every food service business citywide — and the sponsor said the number of eligible locations was 159.
The board approved the ordinance on first reading under “same house, same call.” Implementation will require planning and public-right-of-way approvals for each location seeking outdoor seating.
