(a) Authority to Restrict Parking and Close a Parking Space. The Director of Transportation or the Director’s designee (“designee”) is authorized to issue rules and regulations to restrict parking and close Parking Spaces that are consistent with this subsection (a). Pursuant to California Vehicle Code Sections 21101 and 22507, the Director of Transportation or designee is authorized to restrict the stopping, parking, or standing of vehicles and close a Parking Space portion of any Street, based upon a determination of public convenience and necessity that includes, but is not limited to, meeting the following criteria following any required public hearing held prior to implementation of the closure:
(1) does not occupy or significantly interfere with a traffic lane;
(2) does not significantly interfere with or delay public transit service, or impede transit maintenance, operations, or access, including any specific requirements regarding the operation of Municipal Railway buses, light rail vehicles, historic streetcars, or cable cars, based on whether vehicles are in revenue service, the type of transit stop involved, or other factors or considerations;
(3) does not displace a transit stop or a disabled parking space;
(4) does not significantly interfere with the movements of pedestrians or bicyclists, or create potentially hazardous conditions for pedestrians or bicyclists;
(5) does not significantly impact vehicular loading;
(6) does not significantly impact paratransit or ADA accessible loading or access;
(7) does not significantly impact existing infrastructure or installations near Parking Spaces including bikeshare stations, existing parklets, expanded sidewalks, and public showers; and
(8) is located on any Street, under the jurisdiction of the SFMTA, within any of the following zoning districts, as defined by the Planning Code: Neighborhood Commercial Districts, Neighborhood Commercial Transit Districts, Commercial Districts, Chinatown Mixed Use Districts, and Eastern Neighborhood Mixed Use Districts; Mixed Residential Districts, Residential-Commercial Combined Districts, Residential Transit Oriented Districts, and Downtown Residential Districts; Production, Distribution, and Repair (“PDR”) 1-B, PDR 1-D, and PDR 1-G.
(b) Determination to Restrict Parking and Close a Parking Space. In determining whether to restrict the stopping, parking, or standing of vehicles and close a Parking Space portion of any Street, the Director of Transportation or designee shall uphold the priorities identified in the agency’s Curb Management Strategy in order to optimize use, ensure public access, and support equitable allocation of Parking Spaces among users and businesses. In addition, the Director of Transportation or designee may consult with other relevant City departments, including, but not limited to, the Department of Public Works, Police Department, Department of Public Health, the Public Utilities Commission, the Entertainment Commission, and the Fire Department. Further, the Director of Transportation or designee shall, after considering the impact of the street closure on transportation and on the security, health, and safety of the public as well as the values and commitments set forth in the Transit First Policy, Vision Zero Action Strategy, Climate Action Strategy, and Curb Management Strategy that have been adopted by the SFMTA Board, determine that the closure is necessary for the safety and protection of the public using the street during the closure and may impose additional requirements or conditions necessary to protect the public interest. If a determination is made not to restrict the stopping, parking, or standing of vehicles and close a Parking Space, neither Public Works nor any other City agency shall have the authority to issue a permit for occupancy of the Parking Space. The Director or designee’s determination to restrict and close a Parking Space shall not grant any rights to occupy the Parking Space. Consistent with the Shared Spaces program as set forth in Administrative Code Chapter 94A, Public Works may issue a Curbside Shared Space permit to occupy the Parking Space.
(c) Posting and Public Hearing Requirements. The posting and public hearing requirements set forth in Sections 201 and 202 shall apply to any proposed Longer-Term Closure of a Parking Space for purposes of issuing a Curbside Shared Space permit; provided, however, that notices shall be posted for seven calendar days prior to the hearing instead of ten.
(d) Decision. After any required public hearing is held as set forth in subsection (c), the Director of Transportation or designee may restrict the stopping, parking, or standing of vehicles in, and close, a Parking Space portion of any Street.
(1) The decision of the Director of Transportation or designee with respect to any proposed Parking restriction and Temporary Closure of a Parking Space shall be final.
(2) The decision of the Director of Transportation or designee with respect to any proposed Longer-Term Closure of a Parking Space shall be subject to the review process set forth in subsection (e).
(e) Review Process. The decision of the Director of Transportation or designee with respect to any proposed Longer-Term Closure of a Parking Space may be reviewed by the SFMTA Board of Directors.
(1) Such review shall be initiated by filing a request for review with the Secretary to the SFMTA Board of Directors on a form provided by the Secretary within five working days of the decision. The SFMTA Board of Directors may establish a fee to be imposed upon the filing of any such request for review.
(2) Upon receipt of the request for review, the Secretary shall set a time and place for hearing for the SFMTA Board of Directors’ review, within 30 days, provided that all applicable public notice and environmental review requirements and standards are satisfied.
(3) At the review hearing, the appellant and the Director of Transportation or designee shall have the opportunity to present oral testimony and written materials in support of their positions.
(4) The SFMTA Board of Directors, in determining whether the request for a Longer-Term Closure of a Parking Space should be granted, shall conduct its review de novo using the same criteria set forth in subsections (a) and (b) and shall (A) consider the impact of the closure of a Parking Space on transportation and on the security, health, and safety of the public, (B) determine the transportation, security, health, and safety requirements of the proposed closure, and (C) evaluate the measures proposed by the appellant to satisfy those requirements.
(5) After the review hearing and any further investigation requested by the SFMTA Board of Directors, the SFMTA Board of Directors may uphold the Director of Transportation’s decision, or modify or disapprove such decision, in whole or in part, and may impose additional conditions or requirements.
(6) The decision of the SFMTA Board of Directors shall be final, and the Secretary shall transmit copies of the decision to the appellant and the Director of Transportation or designee.
(f) Upon the expiration or revocation of any Curbside Shared Space permit under the Shared Spaces Program as set forth in Administrative Code Chapter 94A, any restriction related to the stopping, parking, or standing of vehicles and to closure of a Parking Space shall be rescinded and the closed portion of the Street shall be reopened within seven days. If the closed portion of the Street is not reopened within seven days, the Curbside Shared Spaces permittee shall be subject to fines and administrative penalties, and any structures placed in the Parking Lane may be seized, removed, or demolished, as provided under Administrative Code Chapter 94A.
(Added by SFMTA Bd. Res. No. 210504-065, Ad. 5/4/2021, Eff. 6/4/2021, Oper. 8/28/2021)