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Port staff presents draft street pole banner rules; commission raises questions on fees and content

Port of San Francisco Commission · April 26, 2011
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Summary

Port staff outlined draft criteria to govern street pole banners on Port property, proposing a one‑permittee‑per‑block rule, typical 50‑day placements with 70‑day off periods, and potential proprietary rent study; commissioners asked about fees, enforcement and content restrictions such as prohibitions on political advertising under Prop G.

Port planning staff presented draft street pole banner criteria to the Port of San Francisco Commission and answered commissioners’ questions about installation, fees, enforcement and content.

Dan Hudak of the Port’s planning and development division said the draft criteria are modeled on the city’s public works code but tailored to the Port’s public‑trust duties and waterfront conditions. The draft defines three banner categories — port purpose banners, public agency banners and event banners — and proposes permitting banners for events expected to draw 500 or more in‑person attendees for a single event (or 1,000 for a series). Staff proposed limiting a banner placement to up to 50 days, with a required off period (about 70 days) before reinstallation. To minimize visual clutter, the criteria would limit poles within a single block to a single banner permittee so banners present a consistent, repeating image across a block.

On fees, Hudak said the Port currently charges only administrative processing fees (following the public works/encroachment permit fee schedule) and is studying a proprietary licensing fee — effectively a rent for use of port property — that would require a market valuation and possibly consultant work. If a proprietary fee (rent) is pursued, staff said they would return to the commission with options and noted some constitutional considerations about how a licensing fee is characterized. On enforcement, staff removed an earlier proposed fine because noncompliance has been rare; they proposed requiring a bond in cases of repeated problems and noted the executive director could require a performance bond of up to $25,000.

Commissioners pressed staff about maintenance responsibility (Hudak said permittees must remove or repair damaged banners), practical pole availability (not all poles can accept banners due to sightlines and transit equipment), preference rules and content limits. Hudak said banners would not be allowed for political purposes or general commercial advertising unless local law permitted it; sponsor identification would be limited to about 15% of banner area and staff plans to add clearer language addressing prohibited content (for example, alcohol and tobacco) if a rent proposal is returned.

Staff will return with a final draft of the criteria and, if appropriate, a proposal for a proprietary fee after further market analysis.