Working toward a Sustainable Future for San Francisco
[BICYCLE TRANSIT ENHANCEMENT PLAN]
AMENDING PART II, CHAPTER XI, OF THE SAN FRANCISCO MUNICIPAL CODE (TRAFFIC CODE), BY ADDING ARTICLE 5B, SECTION 110, TO PROTECT THE INTEGRITY OF EXISTING BICYCLE FACILITIES AND SECTION 38N TO PROHIBIT PARKING IN BICYCLE LANES, BY AMENDING SECTION 3.14 TO CONFORM TO THE STATE VEHICLE CODE DEFINITION OF BICYCLE AND SECTION 4 TO CONFORM TO STATE VEHICLE CODE PROVISIONS REGARDING THE RIGHTS AND DUTIES OF BICYCLE RIDERS; AMENDING PART I OF THE SAN FRANCISCO MUNICIPAL CODE (ADMINISTRATIVE CODE) BY ADDING SECTION 2.76 TO CHAPTER 2 TO AUTHORIZE MONITORED BICYCLE PARKING AT LARGE PUBLIC EVENTS; AMENDING PART II, CHAPTER II, OF THE SAN FRANCISCO MUNICIPAL CODE (PLANNING CODE), BY AMENDING ARTICLE 1.5 BY AMENDING SECTION 155 TO CLARIFY THAT ANY BICYCLE PARKING REQUIREMENTS UNDER THAT SECTION WILL NOT CONFLICT WITH SECTIONS 155.1 AND 155.2, BY AMENDING SECTION 155.1 TO CLARIFY DEFINITION AND OBLIGATIONS OF RESPONSIBLE CITY OFFICIAL AND LANDLORD AND DELETING OBSOLETE IMPLEMENTATION SCHEDULE PROVISIONS, BY ADDING SECTION 155.2 TO REQUIRE BICYCLE PARKING IN CITY-OWNED PARKING FACILITIES AND PRIVATELY-OWNED PARKING GARAGES AND ADDING SECTION 155.3 TO REQUIRE SHOWER AND LOCKER FACILITIES IN NEW BUILDINGS AND BUILDINGS UNDERGOING MAJOR RENOVATIONS, AND BY MAKING FINDINGS OF CONSISTENCY WITH THE PRIORITY POLICIES OF PLANNING CODE SECTION 101.1; AND REPEALING TRAFFIC CODE SECTIONS 97 AND 99.
Note: Unless otherwise indicated, additions are underlined; deletions are in ((double parentheses)).
Be it ordained by the People of the City and County of San Francisco:
Section 1. The San Francisco Traffic Code is hereby amended by adding Article 5B and Section 38N thereto, and by amending Section 3.14 and Section 4 thereof to read as follows:
ARTICLE 5B. PROTECTION OF BICYCLE FACILITIES.
SEC. 110. Protection of Existing Bicycle Facilities.
(a) The following activities are prohibited unless the Board of Supervisors expressly grants prior approval:
(1) the narrowing of right hand travel lanes with parking, including turn lanes to less than twenty-two (22) feet or the narrowing of right hand travel lanes without parking, including turn lanes to less than fourteen (14) feet;
(2) the narrowing or elimination of any bicycle lanes;
(3) the narrowing or removal of bicycle paths; or
(4) the addition of traffic lanes, except where such lanes consist of left or right turn pockets.
(b) This Section only applies to the streets, lanes and paths on the City’s official bicycle route system as defined in the most recent update of the Transportation Element of the San Francisco Master Plan.
(c) This Section shall not apply to construction zones involving temporary changes to lane widths or lane configurations.
SEC. 38N. PARKING IN BICYCLE LANES PROHIBITED; FINES. (a) No person shall park any vehicle such that any portion of the vehicle is within a marked bicycle lane. No person shall block any portion of a marked bicycle lane with his or her vehicle on weekdays from the hours of 7am to 9am and from 4pm to 6pm. Any person violating this Section shall be subject to a fine of $100.00. The Department of Parking and Traffic may install signs or otherwise alert motorists of this prohibition and the fine.
(b) This section shall not apply to vehicles engaged in emergency services including, but not limited to, fire engines, police vehicles and ambulances.
(c) This section shall not apply to public utility vehicles while such vehicles are operating, maintaining, or repairing facilities of the public utility or are being used in connection with providing public utility service.
(d) This section shall not apply to commercial vehicles if an exemption is reasonably necessary to load or unload merchandise or passengers at any hours except between 7am and 9am and between 4pm and 6pm.
SEC. 3.14. BICYCLE. ((A vehicle having two wheels set tandem, propelled by human power applied through pedals, and designed for seating and carrying one or more persons, the number being determined by the number of seats built onto the vehicle by the manufacturer therefore.)) The bicycle is defined as a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels.
SEC. 4. TRAFFIC LAWS TO APPLY TO PERSON RIDING BICYCLES OR ANIMALS. Every person ((riding a bicycle or)) riding or driving an animal upon a highway is subject to the provisions of this Code applicable to the operator of a vehicle, except those provisions which by their very nature can have no application. Every person riding a bicycle upon a highway has all the rights created by, and is subject to all the provisions of, this Code applicable to the driver of a vehicle by this Code, except those provisions which by their very nature can have no application.
Section 2. The San Francisco Administrative Code is hereby amended adding Section 2.76 to Chapter 2 to read as follows:
SEC. 2.76. MONITORED BICYCLE PARKING AT PUBLIC EVENTS. The Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT), or other applicable permitting authority, is authorized and encouraged in its discretion to require, and develop guidelines regarding, monitored bicycle parking at appropriate large permitted public events. The sponsor of the public event may provide such monitoring service or ensure that such monitored bicycle parking is available in local garages or other similar facilities. If the sponsor provides monitored bicycle parking, the sponsor may charge a nominal fee for such service. The amount of such fee shall be included as part of the sponsor’s permit application. If the sponsor is unable to ascertain the fee amount at the time of the permit application, the sponsor may submit a fee schedule to ISCOTT, or other applicable permitting authority, as soon as possible but no later than 10 days before the event.
Section 3. The San Francisco Planning Code is hereby amended by amending Sections 155 and 155.1 thereof and by adding Sections 155.2 and 155.3 thereto to read as follows:
SEC. 155. GENERAL STANDARDS AS TO LOCATION AND ARRANGEMENT OF OFF-STREET PARKING, FREIGHT LOADING AND SERVICE VEHICLE FACILITIES. Required off-street parking and freight loading facilities shall meet the following standards as to location and arrangement. In addition, facilities which are not required but are actually provided shall meet the following standards unless such standards are stated to be applicable solely to required facilities. In application of the standards of this Code for off-street parking and loading, reference may be made to provisions of other portions of the Municipal Code concerning off-street parking and loading facilities, and to standards of the Bureau of Engineering of the Department of Public Works. Final authority for the application of such standards under this Code, and for adoption of regulations and interpretations in furtherance of the stated provisions of this Code shall, however, rest with the Department of City Planning.
(a) Every required off-street parking or loading space shall be located on the same lot as the use served by it, except as provided in Sections 159, 160 and 161 of this Code.
(b) Every required off-street parking or loading space shall be located in its entirety within the lot lines of private property.
(c) Every off-street parking or loading space shall have adequate means of ingress from and egress to a street or alley. Every required off-street parking or loading space shall be independently accessible, with the exception of a parking space for a minor second dwelling unit in an RH-1(S) District, or as otherwise provided by the Bernal Heights Special Use District set forth in Section 242. In C-3 Districts, if it is found, in accordance with the provisions of Section 309, that independently accessible spaces are infeasible due to site constraints, or in South of Market Districts if it is found, in accordance with the provisions of Section 307(g) of this Code, that independently accessible spaces for nonresidential activities are infeasible due to site constraints or that valet parking would provide a more convenient and efficient means of serving business clients, the substitution of attendant parking spaces for independently accessible spaces may be approved. Access to off-street loading spaces shall be from alleys in preference to streets.
In C-3 Districts, where possible, access to off-street parking and loading spaces shall be from streets and alleys which are identified as base case streets in the Downtown Streetscape Plan and minor streets rather than transit preferential streets or major arterial streets, all as identified in the Downtown Plan, a component of the Master Plan.
Adequate reservoir space shall be provided on private property for entrance of vehicles to off-street parking and loading spaces, except with respect to spaces independently accessible directly from the street.
(d) All off-street freight loading and service vehicle spaces in the C-3-O, C-3-R, C-3-G, and South of Market Districts shall be completely enclosed and access from a public street or alley shall be provided by means of a private service driveway, which is totally contained within the structure. Such a private service driveway shall include adequate space to maneuver trucks and service vehicles into and out of all provided spaces, and shall be designed so as to facilitate access to the subject property while minimizing interference with street and sidewalk circulation. Any such private service driveway shall be of adequate width to accommodate drive-in movement from the adjacent curb or inside traffic lane but shall in no case exceed 30 feet. Notwithstanding the foregoing, if an adjacent street or alley is determined to be primarily used for building service, pursuant to the provisions of Section 309 in a C-3-O, C-3-R or C-3-G District, or the provisions of Section 307(g) in a South of Market District, up to four spaces may be allowed to be individually accessible directly from such a street or alley.
(e) In a C-3 or South of Market District, where site constraints would make a consolidated freight loading and service vehicle facility impractical, service vehicle spaces required by Sections 153(a)(6) and 154(b)(3) of this Code may be located in a parking garage for the structure or other location separate from freight loading spaces.
(f) In a C-3 or South of Market District, whenever off-street freight loading spaces are provided, freight elevators immediately accessible from the loading dock shall be provided to all floors which contain uses that are included in the calculation of required number of freight loading spaces. If freight loading facilities are subterranean, the location and operation of freight elevators shall be designed, where feasible, to discourage use of freight elevators for deliveries from the ground floor. Directories of building tenants shall be provided at all freight elevators. A raised loading dock or receiving area shall be provided with sufficient dimensions to provide for short-term storage of goods. All required freight loading and service vehicle spaces shall be made available only to those vehicles at all times, and provision shall be made to minimize interference between freight loading and service operations, and garbage dumpster operations and storage.
(g) In order to discourage long-term commuter parking, any off-street parking spaces provided for a structure or use other than residential or hotel in a C-3 District, whether classified as an accessory or conditional use, which are otherwise available for use for long-term parking by downtown workers shall maintain a rate or fee structure for their use such that the rate charge for four hours of parking duration is no more than four times the rate charge for the first hour, and the rate charge for eight or more hours of parking duration is no less than 10 times the rate charge for the first hour. Additionally, no discounted parking rate shall be permitted for weekly, monthly or similar time-specific periods.
(h) The internal layout of off-street parking and loading spaces, driveways, aisles and maneuvering areas shall be according to acceptable standards, and all spaces shall be clearly marked.
(i) For each 25 off-street parking spaces provided, one such space shall be designed and designated for handicapped persons.
(j) Except as provided by Section 155.1 and Section 155.2 below, for each 20 off-street parking spaces provided, one space shall be provided for parking of a bicycle.
(k) Off-street parking and loading facilities shall be arranged so as to prevent encroachments upon sidewalk areas and adjacent properties, in the maneuvering, standing and storage of vehicles, by means of the layout of facilities and by use of bumper or wheel guards or such other devices as are necessary.
(l) Driveways crossing sidewalks shall be no wider than necessary for ingress and egress, and shall be arranged, to the extent practical, so as to minimize the width and frequency of curb cuts, to maximize the number and size of on-street parking spaces available to the public, and to minimize conflicts with pedestrian and transit movements.
(m) Every off-street parking or loading facility shall be suitably graded, surfaced, drained and maintained.
(n) Off-street parking and loading spaces shall not occupy any required open space, except as specified in Section 136 of this Code.
(o) No area credited as all or part of a required off-street parking space shall also be credited as all or part of a required off-street loading space, or used as all or part of an unrequired off-street loading space. No area credited as all or part of a required off-street loading space shall also be credited as all or part of a required off-street parking space, or used as all or part of an unrequired off-street parking space.
(p) Any off-street freight loading area located within 50 feet of any R District shall be completely enclosed within a building if such freight loading area is used in regular night operation.
(q) Rooftop parking shall be screened as provided in Section 141(d) of this Code.
SEC. 155.1. BICYCLE PARKING REQUIREMENTS FOR CITY-OWNED AND LEASED BUILDINGS. In all City-owned and leased buildings, regardless of whether off-street parking is available, the ((landlord)) responsible city official, as defined in Section 155.1(a)(11) below, shall provide bicycle parking according to the schedule in Section 155.1(c) below, except as otherwise provided in Section 155.2. The provisions of this ((ordinance)) Section shall not apply in any case where the City occupies property as a tenant under a lease the term of which does not exceed six months. In the event that a privately-owned garage, as defined in Section 155.2, is in a building in which the City leases space, Section 155.2 and not this Section shall apply. All required bicycle parking shall conform to the requirements of Sections 155.1(b) (Location of Facilities) and 155.1(c) (Number of Spaces) set forth below:
(1) Locker. A fully enclosed, secure and burglar-proof bicycle parking space accessible only to the owner or operator of the bicycle.
(2) Check-In Facility. A location in which the bicycle is delivered to and left with an attendant with provisions for identifying the bicycle’s owner. The stored bicycle is accessible only to the attendant.
(3) Monitored Parking. A location where Class 2 parking spaces are provided within an area under constant surveillance by an attendant or security guard or by a monitored camera.
(4) Restricted Access Parking. A location that provides Class 2 parking spaces within a locked room or locked enclosure accessible only to the owners of bicycles parked within.
(5) Personal Storage. Storage within the view of the bicycle owner in either the operator’s office or a location within the building.
(6) Class 1 Bicycle Parking Space(s). Facilities which protect the entire bicycle, its components and accessories against theft and against inclement weather, including wind-driven rain. Examples of this type of facility include (1) lockers, (2) check-in facilities, (3) monitored parking, (4) restricted access parking, and (5) personal storage.
(7) Class 2 Bicycle Parking Space(s). Bicycle racks which permit the locking of the bicycle frame and one wheel to the rack and, which support the bicycle in a stable position without damage to wheels, frame or components.
(8) Director. Director of the Department of City Planning.
(9) Landlord. ((Responsible City official where City leases from third party; the highest ranking City official of a given agency where the City is the owner of the property.)) Any person who leases space in a building to the City. The term "landlord" does not include the City.
(10) Employees. Individuals employed by the City and County of San Francisco.
(11) Responsible City Official. The highest ranking City official of an agency or department which has authority over a city-owned building or parking facility or of an agency or department for which the City is leasing space.
(12) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may enter into leases.
(b) Location of Facilities
(1) At locations where the majority of parking spaces will be long-term (e.g., occupied by building employees for 8 hours or more), at least 1/2 of the required bicycle parking spaces shall be Class 1 spaces. The remaining spaces may be Class 2 spaces. The Director may approve alternative types of parking spaces that provide an equivalent measure of security.
(2) Alternative Locations. In the event that compliance with Section 155.1(b)(1) may not be feasible because of demonstrable hardship, the ((landlord)) responsible city official may apply to the Director ((for an application)) for approval of an alternative storage location. In acting upon such applications, the Director shall be guided by the following criteria: Such alternative facilities shall be well-lighted and secure. The entrance shall be no more than 50 feet from the entrance of the building, unless there are no feasible locations within a 50 foot zone that can be provided without impeding sidewalk or pedestrian traffic. However, in no event shall an alternative location be approved that is farther from the entrance of the building than the closest automobile parking space.
(3) Exemptions. If no feasible alternative parking facility exists nearby which can be approved pursuant to Section 155.1(b)(1) or (2) or, securing an alternative location would be unduly costly and pose a demonstrable hardship on the landlord, or on the City, where the City owns the building, the Director may issue an exemption. In order to obtain an exemption, the ((landlord)) responsible city official shall certify to the Director in writing that the landlord, or the City, where the City owns the building, will not prohibit bicycle operators from storing bicycles within their office space, provided that they are stored in such a way that the Fire Code is not violated and that the normal business of the building is not disrupted.
(c) Required Number of Bicycle Parking Spaces
(1) Class 1 Bicycle Parking Spaces. The following standards shall govern the number of Class 1, long-term, bicycle parking spaces a ((landlord)) responsible city official must provide:
(A) In buildings with ((20 or fewer)) 1-20 employees, at least two bicycle parking spaces shall be provided.
(B) In buildings with 21 to 50 employees, at least four bicycle parking spaces shall be provided.
(C) In buildings with 51 to 300 employees, the number of bicycle parking spaces provided shall be equal to at least five percent of the number of employees at that building, but in no event shall fewer than five bicycle spaces be provided.
(D) In buildings with more than 300 employees, the number of bicycle parking spaces provided shall be equal to at least three percent of the number of employees at that building but in no event shall fewer than 16 bicycle parking spaces be provided.
(2) In addition to the Class 1 bicycle parking spaces required above, a ((landlord)) responsible city official shall also provide Class 2 bicycle parking spaces according to the below enumerated schedule:
(A) In buildings with ((40 or fewer)) 1 to 40 employees, at least two bicycle parking spaces shall be provided.
(B) In buildings with 41-50 employees, at least four bicycle parking spaces shall be provided.
(C) In buildings with 51-100 employees, at least six bicycle parking spaces shall be provided.
(D) In buildings with more than 100 employees, at least eight bicycle parking spaces shall be provided. Wherever a ((landlord)) responsible city official is required to provide eight or more Class 2 bicycle parking spaces, at least 50 percent of those parking spaces shall be covered.
(3) In ((facilities)) public buildings where the City provides a public service to members of the public who are patrons or users of the buildings, such as libraries, museums, and sports facilities, the ((landlord)) responsible city official shall provide the numbers of bicycle parking spaces as set out in 155.1(c)(1) and (2), except that the average patron load in a building during peak use hours as determined by the Director, rather than the number of employees, shall determine the number of spaces required. This Section shall not apply where a public building has a "garage" (as such term is defined in Section 155.2(a)) that is open to the general public, in which case Section 155.2 shall apply.
(4) The Director shall annually survey the amount, location, and usage of provided bicycle parking spaces in all buildings subject to the requirements of this ((ordinance)) Section in order to ascertain whether current requirements are adequate to meet demand for such parking spaces. If current requirements are inadequate, the Director shall draft and submit to the Board of Supervisors proposed legislation that would remedy the deficiency.
(5) Reductions. The Director may grant a reduction from the number of bicycle parking spaces required by this ((ordinance)) Section where the applicant shows based upon the type of patronage, clientele, or employees using the building that there is no reason to expect a sufficient number of bicycle-riding patrons, clientele or employees to justify the number of spaces otherwise required by the ((ordinance)) Section.
(d) Layout of Spaces
Class 1 and Class 2 bicycle parking spaces or alternative spaces approved by the Director shall be laid out according to the following:
(1) An aisle or other space to enter and leave the facility shall be provided. The aisle shall provide a width of five feet to the front or rear of a standard six-foot bicycle parked in the facility.
(2) Each bicycle parking space shall provide an area at least 2 feet wide by 6 feet deep. Vertical clearance shall be at least 78 inches.
(3) Bicycle parking shall be ((placed)) at least as conveniently located as the most convenient non-disabled car parking. Safe and convenient means of ingress and egress to bicycle parking facilities shall be provided. Safe and convenient means include, but are not limited to stairways, elevators and escalators.
(4) Bicycle parking and automobile parking shall be separated by a physical barrier or sufficient distance to protect parked bicycles from damage.
(5) Class 2 bicycle racks shall be located in highly visible areas to minimize theft and vandalism.
(6) Where Class 2 bicycle parking areas are not clearly visible to approaching bicyclists, signs shall indicate the locations of the facilities.
(7) The surface of bicycle parking spaces need not be paved, but shall be finished to avoid mud and dust.
(8) All bicycle racks and lockers shall be securely anchored to the ground or building structure.
(9) Bicycle parking spaces may not interfere with pedestrian circulation.
(e) Lease Provisions:
(1) All City leases of buildings that are subject to the requirements of this Section and under which the City is a tenant shall specifically provide that the landlord agrees to make space available in the building for the term of the lease within which the responsible city official may install, at no cost to the landlord, bicycle parking facilities that are in compliance with this Section.
(2) This subsection (e) does not in any way limit the ability of the Director to approve alternative storage locations under subsection (b)(2) or exemptions under subsection (b)(3). In the event that an exemption is granted or an alternative location is approved allowing the installation of bicycle parking facilities on property that is not included (i) in a building leased by the responsible city official or (ii) on property that belongs to the landlord, subsection (e)(1) does not apply. If the alternative location is on property that is owned by the landlord, but is not inside the building to be leased by the responsible city official, the lease provision of subsection (e)(1) is required and shall identify that property as the location of the bicycle parking spaces.
Article 1.5, Section 155.1 shall be enforced by the Zoning Administrator. Upon complaint, the Zoning Administrator shall investigate. If the Zoning Administrator concludes that a violation exists, he or she shall provide written notice to the ((violating party)) responsible city official offering ((five)) thirty days to cure the violation. The written notice shall inform the ((violating party)) responsible city official of the grounds for the Zoning Administrator’s conclusion that ((the contract)) this section has been violated. The notice shall afford the ((violator)) responsible city official an opportunity to meet with the Zoning Administrator to explain why penalties should not be assessed. The Zoning Administrator shall assess penalties upon the responsible city official’s agency or department according to the following provisions:
(1) If the responsible city official’s violation has not been cured within the ((five)) thirty days, a penalty of $50/day shall be assessed by the ((Director)) Zoning Administrator, commencing with the first date of the violation. ((or, in the alternative:))
(((2) Any person violating this ordinance may be subject to the civil enforcement provisions set forth in Planning Code Section 176.))
(((3) Any unpaid penalties or charges assessed for violations of this ordinance, either through a contract or by civil enforcement, may be collected through the lien procedures as set forth in Administrative Code Section(s) 10.230-10.237.))
(2) All fines collected for violations of this Section shall be deposited with the Department of Parking and Traffic for expenditure by and for the Department’s Bicycle Program.
(((f))) (g) Miscellaneous Requirements
(1) The ((landlord)) responsible city official shall not, and shall encourage landlords not to, establish or enforce any building policy that restricts or discourages building tenants, employees, or visitors from utilizing their bicycle storage spaces.
(2) In any building that contains more than the required number of bicycle parking spaces as set forth in Article 1.5, Section 155.1, the ((landlord)) responsible city official shall not remove such additional bicycle parking spaces without petitioning the Director. Such a petition may not be filed until at least one year has elapsed following the effective date of the ((ordinance)) Section. That petition shall demonstrate that the spaces the ((landlord)) responsible city official seeks authority to remove have not been necessary to meet the demand of employees and other building users.
(3) ((In order to enable the landlord to bring buildings into compliance with this ordinance, the provisions of this ordinance shall not become operative until six months after the effective date. During the first full year following the operative date of this ordinance, the landlord shall be responsible for providing 50 percent of the spaces mandated by this ordinance. During the second year following the operative date of this ordinance, the landlord shall be responsible for providing 75 percent of the spaces mandated by this ordinance. Thereafter, t))The ((landlord)) responsible city official shall be responsible for full compliance with this ((ordinance)) Section. The Board of Supervisors does not intend to impose requirements of this ((ordinance)) Section on any ((landlord)) responsible city official where such application would impair obligations of contract.
(4) Buildings with existing traditional-type racks which support only one wheel shall have two years from the effective date of this ((ordinance)) Section to replace them with conforming racks.
(5) In addition to imposing requirements pursuant to this ((ordinance)) Section, the Board of Supervisors declares it the official policy of the City and County of San Francisco that all property owners and ((landlords)) responsible city officials in control of buildings housing employees or members of the public who use bicycles shall provide bicycle parking spaces and shall encourage and facilitate bicycle usage.
(((g))) (h) In adopting this ((ordinance)) Section, the Board of Supervisors intends that General Fund Revenues not be used to ((implement the requirements of this ordinance)) pay for the purchase of bicycle storage facilities or for installation of bicycle storage facilities, that private building owners not be required to use their own funds to implement the requirements of this ((ordinance)) Section, and that the implementation of this ((ordinance)) Section be funded primarily through the use of public and private donations, grants and other available programmatic funding.
SEC 155.2. BICYCLE PARKING REQUIRED IN CITY-OWNED PARKING GARAGES AND PRIVATELY-OWNED PARKING GARAGES. In all City-owned parking garages and all privately-owned parking garages (but not parking lots), the owner and operator shall provide bicycle parking according to the schedule set forth in Section 155.2(c). With respect to City-owned parking garages which are not open to the general public, Section 155.1 and not this Section shall apply. If a privately-owned garage is in a building in which the City leases space for more than six months, this Section and not Section 155.1 shall apply.
(1) All definitions set forth in Section 155.1(a) are incorporated into this Section.
(2) Garage. Any public or private facility for the indoor parking of automobiles. It may be a stand-alone facility or may be located in a building also used for other purposes. It includes facilities which offer spaces for rent or other fee to the general public, and facilities which offer automobile parking spaces solely to building tenants, or a combination of both. It excludes garages which offer fewer than ten automobile spaces.
(b) Duties of Responsible City Officials and Garage Owners. Where this Section imposes requirements on the City, the responsible city official shall be responsible for fulfilling such requirements. Where this Section imposes duties on private garages, the owners of such garages shall be responsible for fulfilling such requirements.
(c) Number of Spaces.
(1) Every garage will supply a minimum of six bicycle parking spaces regardless of the number of automobile spaces available.
(2) Garages which offer between 120 and 500 automobile spaces shall provide one bicycle space for every 20 automobile spaces.
(3) Garages which offer more than 500 automobile spaces shall provide 25 spaces plus one additional space for every 40 automobile spaces over 500 spaces, up to a maximum of 50 bicycle parking spaces.
(d) Type of Bicycle Parking. Garages offering automobile parking to the general public shall offer either Class 2 bicycle parking, as defined in Section 155.1(a) or Class 1 bicycle parking, as defined in Section 155.1(a). Garages may offer a combination of Class 1 and Class 2 bicycle parking. Garages offering automobile parking to the general public on an hourly basis shall offer bicycle parking on the same basis. Garages offering automobile parking to the general public on a weekly or longer basis shall provide bicycle parking on the same basis.
(e) Implementation. Garages shall be required to comply with these requirements within six months of the enactment of this legislation. Garages shall install bicycle parking for half of the number of required bicycle parking spaces within six months of the effective date of this legislation, but in no case fewer than six bicycle spaces. Garages shall fully comply with the requirements of Section 155.2(c) within eighteen months of the date of enactment of this legislation. However, if demand for the bicycle parking facilities provided under the "first six months" interim provision is less than 80% of the spaces provided on twenty consecutive non-holiday weekdays, the garage may apply to the Director for permission to delay full compliance with Section 155.2(c) for a reasonable period of time and the Director shall have the discretion to permit such a delay where the garage demonstrates that achieving full compliance within the required period presents an undue burden. In the case of a garage which is not predominantly used during the regular work week (for example, a garage near an event venue), the Director may designate an alternative period other than "non-holiday weekdays" for purposes of evaluating an exemption from the full requirements of Section 155.2(c), including, but not limited to, ten consecutive weekends or twenty days on which the garage primarily serves customers attending an event at a nearby venue.
(f) Safety Waiver. The Director may grant a waiver of the requirements of this Section where a garage establishes that compliance with the provisions of this Section would seriously jeopardize the safety of the garage patrons. In order to obtain such a waiver, a garage must submit a written waiver application to the Director. The Planning Department shall establish more definitive guidelines for the granting of a safety waiver. During the first year after the effective date of this legislation, the Planning Commission shall quarterly review safety waivers granted and denied under this subsection (f). Thereafter, the Planning Commission shall annually review safety waivers granted and denied under this subsection (f). If after such review the Planning Commission determines that a safety waiver was improperly granted or denied, the Planning Commission may then reverse the decision of the Director with respect to that safety waiver.
(g) Fees for Bicycle Parking. This Section shall not interfere with the rights of private garage owners to charge rent or other fees for bicycle parking.
(h) Notice of Bicycle Parking. Garages subject to this Section must provide adequate signs or notices in or near garage entrances to advertise the availability of bicycle parking.
(i) Layout of Spaces. Garages subject to this Section are encouraged to follow the requirements set forth in Section 155.1(d) (Layout of Spaces) in installing Class 1 and Class 2 bicycle parking.
(j) Enforcement. Article 1.5, Section 155.2 shall be enforced by the Zoning Administrator. Upon complaint, the Zoning Administrator shall investigate. If the Zoning Administrator concludes that a violation exists in a city-owned garage, he or she shall provide written notice to the responsible city official, offering thirty days to cure the violation. If the Zoning Administrator concludes that a violation exists in a privately-owned garage, he or she shall provide written notice to the garage owner, offering thirty days to cure the violation. The written notice shall state the grounds for the Zoning Administrator’s conclusion that this Section has been violated. The notice shall afford the responsible city official or private garage owner an opportunity to meet with the Zoning Administrator to explain why they are not in violation of this Section.
(1) Where a violation of this Section occurs in either a privately-owned garage or a city-owned garage, if such violation has not been cured within the allotted thirty day period, the Zoning Administrator shall add the name and address of such garage and the name of the garage owner or responsible city official’s agency or department to a list of garages currently in violation of this Section. Upon request, the Zoning Administrator shall provide a copy of this list to members of the public.
(k) Contractual Limits on Liability. This Section shall not interfere with the rights of a garage owner to enter into agreements with garage patrons or take other lawful measures to limit the garage owner’s liability to patrons with respect to bicycles parked in their garage, provided that such agreements or measures are in accordance with the requirements of this Section.
SEC 155.3. SHOWER FACILITIES AND LOCKERS REQUIRED IN NEW COMMERCIAL AND INDUSTRIAL BUILDINGS AND EXISTING BUILDINGS UNDERGOING MAJOR RENOVATIONS.
(1) New Building. A commercial or industrial building for which a building permit is issued at least six months after the effective date of this legislation.
(2) Major Renovations. Any construction or renovation project (i) for which a building permit is issued commencing at least six months after the date of enactment of this legislation (ii) which involves an enlargement of an existing public or privately owned commercial or industrial building, and (iii) which has an estimated cost of at least one million dollars. For purposes of this section, the term "enlargement" shall mean an increase in the square footage of the ground story of a building.
(3) The term "commercial building" shall include, but is not limited to, public or privately owned buildings containing employees working for city government agencies or departments.
(b) Requirements for New Buildings and Buildings With Major Renovations. New buildings and buildings with major renovations shall provide shower and clothes locker facilities for short-term use of the tenants or employees in that building in accordance with this Section. Where a building undergoes major renovations, its total square footage after the renovation is the square footage that shall be used in calculating how many, if any, showers and clothes lockers are required.
(c) For new buildings and buildings with major renovations whose primary use consists of medical or other professional services, general business offices, financial services, city government agencies and departments, general business services, business and trade schools, colleges and universities, research and development or manufacturing, the following schedule of required shower and locker facilities applies:
(1) Where the gross square footage of the floor area exceeds 10,000 square feet but is no greater than 20,000 square feet, one shower and two clothes lockers are required.
(2) Where the gross square footage of the floor area exceeds 20,000 square feet but is no greater than 50,000 square feet, two showers and four clothes lockers are required.
(3) Where the gross square footage of the floor area exceeds 50,000 square feet, four showers and eight clothes lockers are required.
(d) For new buildings and buildings with major renovations whose primary use consists of retail, eating and drinking or personal services, the following table of shower and locker facilities applies:
(1) Where the gross square footage of the floor area exceeds 25,000 square feet but is no greater than 50,000 square feet, one shower and two clothes lockers are required.
(2) Where the gross square footage of the floor area exceeds 50,000 square feet but is no greater than 100,000 square feet, two showers and four clothes lockers are required.
(3) Where the gross square footage of the floor area exceeds 100,000 square feet, four showers and eight clothes lockers are required.
(e) Exemptions. An owner of an existing building subject to the requirements of this Section shall be exempt from subsections (c) and (d) upon submitting proof to the Director of the Department of City Planning that the owner has made arrangements with a health club or other facility, located within a four block radius of the building, to provide showers and lockers at no cost to the employees who work in the owner’s building.
(f) Exclusion for Hotels, Residential Buildings and Live/Work Units. This Section shall not apply to buildings used primarily as hotels or residential buildings. In addition, this Section shall not apply to "live/work units" as defined in Section 102.13 of the San Francisco Planning Code.
(g) Owners of Existing Buildings Encouraged to Provide Shower and Clothes Locker Facilities. The City encourages private building owners whose buildings are not subject to this Section to provide safe and secure shower and clothes locker facilities for employees working in such buildings.
(h) The Department of City Planning may establish more definitive requirements for shower and locker facilities in accordance with this Section.
Section 4. Pursuant to Section 101 of the Planning Code, the Board of Supervisors makes the following findings:
(1) The proposed legislation is consistent with Priority Policy 1 in that it will have no effect on the preservation and enhancement of the existing neighborhood-serving uses or future opportunities for resident employment and the ownership of other neighborhood-serving business.
(2) The proposed legislation is consistent with Priority Policy 2 in that it has no negative effect on existing housing and will not adversely alter the character of the neighborhood.
(3) The proposed legislation is consistent with Priority Policy 3 in that it has no negative effect on the City’s current or future supply of affordable housing.
(4) The proposed legislation is consistent with Priority Policy 4 in that it has no negative impact on commuter traffic or neighborhood parking and may help to alleviate these problems by encouraging City employees and patrons of City-owned buildings to commute by bicycle instead of by automobile.
(5) The proposed legislation is consistent with Priority Policy 5 in that it does not involve commercial office development, which may displace any industrial or service sector employment.
(6) The proposed legislation is consistent with Priority Policy 6 in that it will not adversely affect the City’s ability to protect against injury and loss of life in an earthquake.
(7) The proposed legislation is consistent with Priority Policy 7 in that it will not adversely affect any landmarks or historic buildings.
(8) The proposed legislation is consistent with Priority Policy 8 in that it has no negative effect on parks and open space and their access to sunlight and vistas.
Section 5. The San Francisco Traffic Code is hereby amended by repealing Sections 97 and 99.
Section 6. SEVERABILITY. If any part or provision of this Ordinance, or the application thereof to any person or circumstance, is held invalid, the remainder of this Ordinance, including the application of such part or provisions to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
Section 7. CITY UNDERTAKING LIMITED TO PROMOTION OF GENERAL WELFARE. In undertaking the adoption and enforcement of this Ordinance, the City and County is undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
APPROVED AS TO FORM:
LOUISE H. RENNE, City Attorney
Deputy City Attorney