(a) Definitions. As used in this Section 10.1, the following words and phrases shall have the following meaning:
Bicycle Lane. A Class II bikeway or Class IV separated bikeway or cycle track.
Development Application. A Development Application, as defined in Planning Code section 401, for which an approval by the Planning Commission, Planning Department or Zoning Administrator required application(s) to or decisions by the SFMTA in regards to on-street parking and/or loading.
Final SFMTA Decision. Any decision by the Municipal Transportation Agency (SFMTA) with regard to:
(1) installing or removing a stop sign;
(2) creating or eliminating a preferential parking zone pursuant to Vehicle Code sections 22507 or 22507.1;
(3) creating or eliminating a parking meter zone;
(4) adopting a limitation on the time period for which a vehicle may be parked;
(5) creating or eliminating a Class III bikeway or bike route;
(6) creating a pilot or temporary program involving any of (1) through (5) above, or continuing or Substantially Modifying a pilot or temporary program involving any of (1) through (5) above on a permanent basis; or
(7) creating or Substantially Modifying a Private Transportation Program that may create or eliminate a preferential parking zone, including providing access to the curb, pursuant to Vehicle Code sections 22507 or 22507.1, or that may limit the time period for which a vehicle may be parked, including providing access to the curb, in order to regulate or accommodate a private transportation service or services.
“Final SFMTA Decision” shall not include:
(1) a decision by the SFMTA that is directly related to the implementation of a Bicycle Lane, Development Application, or Large Infrastructure Project including regulations limiting parking, stopping, standing, or loading;
(2) a decision by the SFMTA regarding any of the following parking restrictions or modifications: (A) street sweeping; (B) any temporary Traffic Control Device installed or removed on any street for the purpose of controlling parking or traffic during emergencies, special conditions or events, construction work, short-term testing, or when necessary for the protection of public health and safety; or (C) Special Traffic Permit; or
(3) a decision by the SFMTA that is directly related to the implementation of a Bus Rapid Transit project, provided that no portion of the Bus Rapid Transit project authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a Municipal Railway vehicle, taxi, authorized emergency vehicle, or Golden Gate Transit vehicle.
Large Infrastructure Project. A project involving a contract, memorandum of understanding, or other agreement involving the SFMTA that requires Board of Supervisors approval pursuant to Charter Section 9.118, or would otherwise result in anticipated revenue to the City of one million dollars or more, anticipated expenditures by the City of ten million dollars or more, or a modification of more than $500,000 to such project.
Private Transportation Program. A framework or program developed by the SFMTA to regulate or manage any transportation-related service provided by a private or for-profit entity to customers, except for taxis or paratransit service, including SFMTA’s entering into a contract, issuing a permit, adopting new legislation or amending existing legislation, or approving a request by the City Traffic Engineer or Director of Transportation.
Special Traffic Permit. A permit issued by the SFMTA that authorizes the obstruction of traffic for construction activities other than the parking of vehicles at a specified construction site and subject to all permit conditions imposed by the SFMTA.
Substantially Modify. Any extension of the term of a pilot or temporary program or Private Transportation Program, expansion or restriction in the geographic scope of a pilot or temporary program or Private Transportation Program, or expansion in the number of vehicles permitted under a pilot or temporary program or Private Transportation Program.
Traffic Control Device. A sign, signal, marking, or other device used to regulate, warn, or guide vehicular and pedestrian traffic, placed on, over, on the surface of or adjacent to a street by authority of the SFMTA. Such temporary Traffic Control Devices shall be removed when they are no longer required following the emergency, condition, or event.
(b) Request for Review.
(1) A Final SFMTA Decision may be reviewed by the Board of Supervisors as set forth in this Section 10.1.
(2) Within 30 calendar days, after a Final SFMTA Decision is made by the SFMTA Board of Directors or is made in writing by the City Traffic Engineer or the Director of Transportation pursuant to Section 203 of this Code, a Request for Review may be submitted to the Board of Supervisors, on a form provided by the Clerk, indicating the Final SFMTA Decision for which review is being requested and the specific basis for requesting review. The request shall include a copy of the Final SFMTA Decision, which has been dated, that sufficiently describes the action taken by the SFMTA.
(3) A Request for Review may only be filed by a member of the public, with the concurrence of five members of the Board of Supervisors, on a form provided by the Clerk requesting the Clerk to schedule a hearing before the Board of Supervisors and accompanied by a filing fee in the amount of $250 payable to the Clerk of the Board of Supervisors.
(c) Scheduling of Review Hearing.
(1) Upon receipt of a Request for Review, the Clerk shall review the documents submitted to confirm that all required documents and information have been submitted. The Clerk shall then provide the SFMTA with a copy of the Request for Review, including all supporting documents, within 48 hours after receipt of a Request for Review, and request the SFMTA to submit the agency’s Final SFMTA Decision to the Clerk.
(2) Within three business days after receiving notification by the Clerk, and prior to scheduling a review hearing, the SFMTA shall determine whether the requirements set forth in subsection (b) have been met and notify the Clerk if there are any deficiencies or incomplete required documents or information. If the prerequisites for hearing required by subsection (b) are not timely fulfilled as determined by the SFMTA or the Clerk, the Final SFMTA Decision shall stand and any filing fee paid shall be returned to the requester. If the prerequisites are fulfilled, the Clerk shall set a time and place for a review hearing not less than 15 days after the filing of the Request for Review.
(3) The SFMTA shall (A) submit an explanation in writing to the Clerk regarding the criteria guiding the Final SFMTA Decision and the basis for that decision by noon eight days prior to the scheduled Review Hearing, and (B) at the review hearing, make a presentation regarding the basis for the Final SFMTA Decision.
(4) While a review request is pending before the Board of Supervisors, the SFMTA shall not implement any action that is the subject of the Request for Review.
(d) Notice of Review Hearing. Notice of the review hearing shall be posted in the Clerk’s Office, on the Board of Supervisors’ website, and mailed to any person who filed a Request for Review or otherwise requested notice at least 10 calendar days prior to the scheduled hearing. If more than one Request for Review is filed with the Clerk regarding the same Final SFMTA Decision, the Clerk shall consolidate all requests so that only one hearing is held, provided that the period of not less than 15 days for the Clerk to schedule a review hearing as stated in subsection (c)(2) shall be triggered by the earliest filed Request for Review.
(e) Decision After Review Hearing. After the review hearing, the Board of Supervisors may, by motion, affirm or reverse the Final SFMTA Decision. Any decision to reverse the Final SFMTA Decision shall include written findings setting forth the basis for the reversal and shall be binding on the SFMTA for a two-year period but shall not preclude the SFMTA from issuing a Final SFMTA Decision that modifies the original Final SFMTA Decision, provided that the modified Final SFMTA Decision shall be subject to further review by the Board of Supervisors as set forth in this Section 10.1.
(f) Status of Final SFMTA Decision. If the Board of Supervisors fails to approve or reverse the Final SFMTA Decision within 60 days of the date of the filing of the Request for Review, the Final SFMTA Decision shall be deemed approved.
(g) CEQA. Nothing in this Section 10.1 shall be construed as providing an alternative procedure for appealing an environmental review determination under either the California Environmental Quality Act (“CEQA”) or the National Environmental Policy Act (“NEPA”).
(h) Filing Fee Waiver. The filing fee set forth in subsection (b)(3) shall be waived if a request for fee waiver, on a form approved by the Clerk, is submitted along with a Request for Review by:
(1) a neighborhood organization that: (1) has been in existence for 24 months prior to the filing date of the Request for Review, (2) is on the Planning Department’s neighborhood organization notification list, and (3) can demonstrate to the Clerk or his/her designee that the organization is affected by the Final SFMTA Decision; or
(2) an indigent person who attests to his or her inability to pay the filing fee.