San Francisco County Municipal Code Ch. 17 Public Off-Street Parking Facilities

Sec. 17.1. Need for Parking Authority Expressed. Sec. 17.2. Parking Authority Created. Sec. 17.3. Administrative Support. Sec. 17.4. Transfer of Parking Authority Property to the Municipal Transportation Agency. Sec. 17.6. Officers and Employees Generally. Sec. 17.7. Authority to Acquire and Operate Off-Street Parking Facilities. Sec. 17.8. Jurisdiction Over Parking Facility Sites; Administration of Leases and Management Agreements. Sec. 17.9. Procedure for Making Recommendations to Board for Acquisition of Sites for Parking Facilities. Sec. 17.10. Approval or Rejection of Recommendations by Resolution of Board; Contents of Resolution of Approval. Sec. 17.17. Inapplicability of Chapter to Parking Facilities at the Airport or the Port.

There is a need for a parking authority to function in the City and County under the provisions of the Parking Law of 1949 (codified as California Streets and Highways Code Sections 32500 et seq.). (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

A parking authority was created at the time and in the manner prescribed by Section 4 of the Parking Law of 1949. Such parking authority shall be known as the Parking Authority of the City and County of San Francisco and is hereby authorized to transact business and exercise its powers. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

Pursuant to section 32812 of the California Streets and Highway Code, the departments and agencies of the City and County are authorized by the Board of Supervisors to contract with the Parking Authority to provide the Parking Authority services, equipment, facilities and administrative support to avoid unnecessary duplication of effort or expense on the part of the Parking Authority and City and County. Except for contracts with the Municipal Transportation Agency, such contracts shall provide for the reimbursement to the City of the reasonable value of the services, equipment, facilities or administrative support provided. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

TRANSPORTATION AGENCY.

(a) As authorized by California Streets and Highways Code Section 32067, the Moscone Center Garage, 255 Third Street, San Francisco, Assessor’s Parcel Number 3735-060, and the Performing Arts Garage, 360 Grove Street, San Francisco, Assessor’s Parcel Numbers 0792-029 and 0792-022, which includes all real property, interests in property, leases involving and all improvements and personal property thereon of those parking facilities, are transferred to the Municipal Transportation Agency. Leases and other interests of the Parking Authority in the Moscone Center Garage and the Performing Arts Garage are assigned to the Municipal Transportation Agency, including but not limited to the ground lease of certain property under the jurisdiction of the Department of Public Works for access between the Performing Arts Garage and Gough Street, a copy of which is on file with the Clerk of the Board of Supervisors in File No. 170271 and is incorporated herein by reference. The Municipal Transportation Agency, as assignee, shall assume all obligations and benefits of said Lease from the Parking Authority, as assignor. (b) The Assignment Agreement assigning the Lease dated February 27, 1981, between the State of California, Department of Transportation, as lessor, and the Parking Authority, as lessee, for the real property located on Gough Street near Grove Street, which is a portion of Assessor’s Parcel Number 0792-028 and provides access between the Performing Arts Garage and Gough Street, is approved. Although the City and County owns the fee interest in such real property and holds the lessor interest in such Lease, the leasehold interest in the real property and the lessee interest in the Lease are intended to survive the assignment and not intended to merge by operation of law. The Municipal Transportation Agency, as assignee, shall assume all obligations and benefits of such Lease from the Parking Authority, as assignor. A copy of the Assignment Agreement and Lease is on file with the Clerk of the Board of Supervisors in File No. 170271 and is incorporated herein by reference. (c) For purposes of Administrative Code Section 23.3, the transfer of the Moscone Center Garage and the transfer of the Performing Arts Garage to the Municipal Transportation Agency in this Section 17.4 is a donation, which does not require an appraisal of the value of the property to be conveyed. The transfer of those parking facilities from the Parking Authority to the Municipal Transportation Agency is authorized by California Streets and Highways Code Section 32067. Said transfer will effect a public purpose, will not change the use of the property as parking facilities, and will not change the use of the revenues of the property, which Charter Section 8A.105(b)1 requires be used to support the Municipal Transportation Agency. (d) The SFMTA has affirmed, in correspondence in Board File No. 170271, that it will provide at a minimum semi-annual written reports to the Board of Supervisors on any studies and plans to develop the Moscone Center Garage and the Performing Arts Garage, and will also provide to the Board of Supervisors a public outreach plan to engage the community on potential development alternatives, and any completed studies by third-party consultants shall be made immediately available to the Board of Supervisors. At the present time, San Francisco Municipal Transportation Agency, Office of Economic and Workforce Development, and Mayor’s Office of Housing and Community Development have been developing a proposal for the Moscone Garage that includes potential development of a hotel and associated uses, and affordable housing units. The current proposed scenario, which is subject to change based on public input, environmental review, and other factors including discussions around Central SoMa community facilities and Yerba Buena Gardens benefits, includes 650 hotel rooms and 100 units of affordable housing. (e) The Municipal Transportation Agency and the Mayor, in consultation with the City Attorney, are authorized to take such actions as necessary to effect the purposes of this Section 17.4 to transfer to the Municipal Transportation Agency from the Parking Authority the real property, personal property, and any other property interests of the Moscone Center Garage and of the Performing Arts Garage. (Added by Ord. 159-17, File No. 170271, App. 7/27/2017, Eff. 8/26/2017)

The powers of the Parking Authority under California Streets and Highways Code Section 32801(c) to select and appoint or remove such permanent and temporary officers, agents, counsel and employees as it may require, and to determine their qualifications, duties and compensation, shall be subject to all limitations, rights and benefits applicable to similar employment by the City and County except that the positions of Director and Assistant Director of the Parking Authority shall be exempt from civil service requirements. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

The City and County Municipal Transportation Agency and the Parking Authority may each acquire by purchase, lease or otherwise land, improvements and other property as necessary and appropriate for use as public off-street parking lots and garages (referred to in this Chapter as "parking facilities") and each may, for such use, lease or enter into management agreements with respect to property owned or controlled by it, in accordance with the provisions of this Article. Any such lease of or management agreement for all or part of any such property may also provide for the performance thereon of services or undertakings for the public incidental or advantageous to such public parking project and which are reasonably necessary in order to utilize such property as a public parking facility for the purpose of regulating, controlling and relieving the congestion of street traffic. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

MANAGEMENT AGREEMENTS. Except as otherwise provided in the Charter, the Municipal Transportation Agency Board of Directors shall have jurisdiction and control over all parking facilities open to the public that are owned by the City and County or the Parking Authority The parking facilities which are the subject of this Chapter are not public utilities and are not subject to the Public Utilities Commission's jurisdiction or control. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

SITES FOR PARKING FACILITIES. In addition to the requirements of Section 8A.113(b) of the Charter, recommendations for the procurement of sites for public parking facilities or for the leasing or use of City and County property for such purposes shall be made to the Board of Supervisors by the Municipal Transportation Agency Board of Directors following a study of the public necessity, convenience and benefit thereof, and the approval of the necessary City departments or commissions. Such studies and recommendations shall be made by the Municipal Transportation Agency Board of Directors from time to time, either on its own initiative or by request of the Board; provided, that funds are available therefor. Any such study shall include an investigation and community outreach, consideration and conclusion of the necessity for the City and County to accomplish the public purposes of the public parking facility to serve the area of the City and County in which such site is proposed to be located and the City and County as a whole, the cost, financial feasibility, benefit, and other fiscal impacts of the acquisition, traffic and public transit impacts, potential alternatives to the acquisition to meet parking demands, results of community outreach, and compatibility with zoning requirements and the City's Transit First policy. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

CONTENTS OF RESOLUTION OF APPROVAL. The Board of Supervisors, by resolution, shall approve or reject recommendations as submitted or in amended form and in the event of approval, shall designate the property or site owned, controlled or to be acquired for the purpose by the City and County, as a site for a public off-street parking facility and shall direct the method of operation, the leasing or acquisition thereof for leasing or other operation to accomplish thereby the public purposes set forth in this Article. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)

PORT. The provisions of this Chapter shall not apply to parking facilities located or to be located on property at the airport or port. (Amended by Ord. 287-08, File No. 081340, App. 12/5/2008)