§ 6.2.

REQUEST FOR PERMISSION FOR TEMPORARY USE OR OCCUPANCY OF PUBLIC STREETS; PROCEDURE

a.

Any person seeking permission for the temporary use or occupancy of a public street within the City shall file an application with, and on a form provided by, the SFMTA, and shall pay the filing fee established by the SFMTA Board of Directors.

b.

An application shall not be accepted or approved for a proposed temporary use or occupancy scheduled to occur fewer than 30 calendar days after the application is submitted to the Municipal Transportation Agency, except as follows in this paragraph:

1.

An application for a proposed temporary use or occupancy scheduled to occur fewer than 30 calendar days after the application date may be filed for emergency consideration. The Director of Transportation shall consider the request if the applicant has demonstrated that an extraordinary emergency exists that requires the closing of a street, and provided that there is adequate time available for the Municipal Transportation Agency to conduct the required public hearing and post notice of the scheduled hearing at least 72 hours in advance of the hearing.

2.

The Mayor’s Film and Video Arts Commission (the “Film Commission”), or other successor commission or division of the Mayor’s office, may file with the Director of Transportation an application on behalf of a film or other video production company (which company shall be responsible for the payment of all applicable fees) for a proposed temporary use or occupancy scheduled to occur fewer than 30 calendar days after the application date, provided that there is adequate time available for the Director of Transportation to conduct the required public hearing and post notice of the scheduled hearing at least 72 hours in advance of the hearing. The Film Commission (or the film company on whose behalf the application was made) shall (A) notify residents, merchants and other occupants of the public street(s) to be closed of the dates proposed for street closure, and (B) notify any and all affected City departments, including the Police Department and the Department of Public Works.

c.

The completed application shall include, when applicable, maps and/or drawings which identify the streets that would be affected, describe the scope and design of the event, including illustrations of the location of staging, food booths, seating, and a diagram of an emergency access plan. In addition, the Director of Transportation may request such additional information as is necessary to allow ISCOTT to make an informed evaluation of the proposed temporary use or street occupancy. In the case of “major events,” as defined in Section 6.3, applicants shall submit an emergency medical services plan.

d.

Applicants shall be responsible for posting notice of the public hearing at least seven calendar days prior to the hearing at which the application will be reviewed by ISCOTT. Such notice shall include a description of the streets that would be affected and shall be posted in the area of the proposed temporary use or street occupancy according to rules and regulations prescribed by the Director of Transportation. The applicant shall submit a declaration under penalty of perjury to the Director of Transportation attesting that the required public notices have been posted.

e.

ISCOTT Review and Approval Process. In reviewing an application, ISCOTT shall consider the impact of the temporary use or occupancy of public streets on the traffic, security, health, and safety of the public; determine the traffic, security, health, and safety requirements of the proposed temporary use or occupancy; and evaluate the measures proposed by the applicant to satisfy those requirements. For major events, ISCOTT shall forward the applicant’s proposed emergency medical services plan to the Director of Emergency Medical Services and Emergency Operations Section (EMSEO). ISCOTT shall consider the recommendations of EMSEO regarding the proposed emergency medical services plan. It shall be the duty of ISCOTT to also consider the following:

1.

Demonstrated ability of the applicant to comply with requirements necessary to protect the safety, health, and welfare of the public, including compliance with the requirements of San Francisco Health Code Article 19L, “Prohibiting Smoking at Certain Outdoor Events.”

2.

Duration of the temporary use or street occupancy and the City’s ability to accommodate such use or occupancy with the necessary resources.

3.

Overextension of the City’s resources because of previously approved temporary use or occupancy of public streets or other activities that could cause scheduling conflicts during the same period.

4.

The availability of an appropriate emergency access plan.

5.

The number of major events (as defined in Section 6.3 below) scheduled during the period for which the applicant seeks a permit, the nature and location of the major events, and the demand these major events will have on the City’s resources, including its police, emergency and sanitation personnel. In considering the major events for which applications have been filed and/or approved. ISCOTT should give priority based on the chronological order in which the applications are received, and applicants denied permission on the basis that there are too many major events already approved or pending for approval shall be offered alternative dates by ISCOTT. Notwithstanding this provision, ISCOTT may, in its discretion, grant preference to recurring events traditionally or historically associated with a particular day or dates, provided that applications, once approved, cannot be revoked because of the subsequent filing of an application for a permit for an event traditionally or historically associated with a particular day or dates.

6.

If the application is related to a filming project to be conducted by the applicant, ISCOTT shall notify the Film Commission (or other successor commission or division of the Mayor’s office) and shall consider such conditions and criteria as the Film Commission shall attach to the application.

f.

ISCOTT may impose additional requirements or conditions it deems necessary to protect the public interest by ensuring traffic management, security of property and health and safety of citizens. At the time ISCOTT reviews the application, it shall also determine the necessity of and the total estimated actual costs incurred by the Municipal Transportation Agency to run motor coaches to accommodate the rerouting of electrically powered transit vehicles because of restrictions that are imposed by the temporary street closing. The applicant shall pay a fee to the SFMTA based on the number of electrically powered vehicle hours per line affected. For purposes of this provision, “vehicle hour” shall mean the number of hours each coach on a line is in operation during the day of the street closing. If the application is approved, ISCOTT shall transmit to the applicant an invoice for the fee. The applicant shall make full payment of the fee no later than five days prior to the date of the street closing, or in accordance with a schedule agreed to by the Director of Transportation. ISCOTT shall not disapprove any application for a temporary use or occupancy of public streets because of the applicant’s political, religious, or cultural orientation.

g.

ISCOTT shall take action to approve or disapprove an application within 30 days of receipt of a complete application. Notice of ISCOTT’s action of approval or disapproval shall be submitted to the Chief of Police; the Fire Chief; the Director of Public Health; the Director of Public Works; and the Executive Director of the Entertainment Commission, and be maintained as a matter of record. For major events, notice of ISCOTT’s action of approval or disapproval shall also be submitted to the Director of EMSEO.

h.

Appeals Process. Should the application be disapproved by ISCOTT, the applicant may first appeal the decision to the Director of Transportation if the application was filed at least 30 days prior to the date of the proposed temporary use or occupancy. Such appeal shall be made by filing the appeal with the Director of Transportation on a form provided by the Municipal Transportation Agency within five working days of disapproval. Upon receipt, the Director of Transportation shall set a time and place for hearing such appeal. In considering the appeal the Director of Transportation shall conduct a public hearing for which notice shall be posted at least 72 hours in advance of the hearing at the Municipal Transportation Agency, at the main library, and at the Office of the Clerk of the Board of Supervisors.

i.

At the appeal hearing, the appellant and members of ISCOTT shall have an opportunity to present oral testimony and written materials in support of their positions. The Director of Transportation shall consider the same criteria as set forth in Section 6.2(e). Upon hearing the appeal, and after any further investigation by the Director of Transportation, the Director of Transportation may affirm, reverse, or modify the ISCOTT decision. Notice of the Director of Transportation’s action of approval or disapproval shall be submitted to the Chief of Police, the Fire Chief, the Director of Public Health, the Director of Public Works, and the Executive Director of the Entertainment Commission and shall be maintained as a matter of record.

j.

If the Director of Transportation denies the application after the appeal described in the preceding paragraph, the applicant may then appeal the decision to the Board of Supervisors. Such appeal shall be made by filing the appeal with the Clerk of the Board, on a form provided by the Clerk, within five working days of the Director of Transportation’s disapproval. The Board may establish a fee to be imposed upon the filing of any such appeal. Upon receipt, the Clerk shall set a time and place for hearing such appeal by the Board of Supervisors, which hearing shall be at the Board’s next regular meeting, provided that all applicable public notice requirements are satisfied. The Board shall conduct the hearing according to the same standards of review as set forth in Section 6.2(e). Upon hearing the appeal, and after any further investigation that the Board may request, the Board may affirm, reverse or modify the Director of Transportation’s decision. The decision of the Board regarding the appeal shall be final. The Clerk of the Board shall transmit copies of any legislation approving a temporary street closing to the Director of Public Works, Chief of Police, the Fire Chief, the Superintendent of Emergency Hospital Service of the Department of Public Health, the Executive Director of the Entertainment Commission, and to the Director of Transportation. For major events, the Clerk shall transmit copies of any legislation approving a temporary street closing to the Director of EMSEO.

k.

Any permission for the temporary use of occupancy of a public street authorized pursuant to these provisions shall be subject to the conditions set forth in Sections 6.7 and 6.8.

l.

Late Application. Should the applicant file an application for a proposed temporary use or occupancy fewer than 30 days prior to the date of the proposed use or occupancy, and not far enough in advance of the proposed use or occupancy to allow ISCOTT to consider the application at a regularly scheduled meeting of ISCOTT, then the Director of Transportation shall have the responsibility and duty to consider and approve or disapprove the application after consulting with the members of ISCOTT. The Director of Transportation shall conduct a public hearing for which notice shall be posted at least 24 hours in advance of the hearing at the Municipal Transportation Agency, the main library, and at the Office of the Clerk of The Board of Supervisors. At the hearing, the applicant and interested persons shall have an opportunity to present oral testimony and written materials in support of their position. The Director of Transportation shall conduct the hearing according to the same standards of review as set forth in Section 6.2(e) hereof. Notice of the Director of Transportation’s action of approval or disapproval shall be submitted to the Chief of Police, the Chief of the Fire Department, the Director of Public Health, the Director of Public Works, and the Executive Director of the Entertainment Commission, and shall be maintained as a matter of record. In the event the Director of Transportation disapproves the application, the applicant shall have the right to appeal the Director of Transportation’s decision to the Board of Supervisors in accordance with the same terms and conditions as set forth in Section 6.2(e).

History

(Amended by Ord. 287-08, File No. 081340, App. 12/5/2008; Ord. 6-13 , File No. 120772, App. 2/4/2013, Eff. 3/6/2013)

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