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San Francisco Overview
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 22H: DESIGNATION UNDER HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Charter
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 36D: GUN VIOLENCE RESTRAINING ORDERS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 27:
SURFACE-MOUNTED FACILITIES
 
Surface-Mounted Facility Site Permit.
Department Orders and Regulations.
Definitions.
Location Approval.
Preferred Locations.
Community Input on Preferred Locations.
Submission of Preferred Location List.
Department Action on Preferred Location List.
Planning Department Action on Preferred Location List.
Recreation and Park Action on Preferred Location List.
Street Tree.
Murals.
Notice of Intent to Submit Application.
Public Notice of Notice of Intent to Submit Application.
Protest of Applicant's Preferred Locations.
Application Process for Surface-Mounted Facility Site Permit.
Notice of Final Determination.
Appeals.
Excavation Requirements.
Compliance.
Notice of Completion and Inspection.
Additional Permit Requirements.
Post-installation Obligations.
Violations.
Abandonment.
Deposit.
Liability.
Indemnification and Defense of City.
Insurance.
City Department Fees and Costs.
Department Meetings and Technological Advancements.
Severability.
Department of Public Works Reporting Requirement.
 
SEC. 2700.  SURFACE-MOUNTED FACILITY SITE PERMIT.
   (a)   Surface-Mounted Facility Site Permit Required. It shall be unlawful for any Person to construct or install a Surface-Mounted Facility in any Public Right-of-Ways that are under the jurisdiction of the Department without first obtaining from the Department a Surface-Mounted Facility Site Permit under this Article 27 authorizing such construction or installation.
   (b)   Minimum Permit Requirements. The Department shall require an Applicant for a Surface-Mounted Facility Site Permit to demonstrate to the satisfaction of the Department that:
      (1)   The City has granted Applicant the authority to construct, install, and maintain the proposed Surface-Mounted Facility in the Public Right-of-Ways; and
      (2)   The Director has approved the proposed location for the Surface-Mounted Facility pursuant to the requirements of this Article 27.
   (c)   Permit Conditions. The Department may include in a Permit such Conditions, in addition to those already set forth in this Article 27 and other Applicable Law, as may be required to govern the construction, installation, removal, or maintenance of Surface-Mounted Facilities in the Public Right-of-Ways, and to protect and benefit the public health, safety, welfare, and convenience.
   (d)   Authority Granted. A Permit shall authorize the Permittee to perform any excavation that is required to install the Surface-Mounted Facility in the Public Right-of-Ways.
   (e)   Exceptions to Permit Requirement. The requirements of this Article 27 shall not apply to the following:
      (1)   The replacement of an existing Surface-Mounted Facility at the same location provided the replacement Surface-Mounted Facility would be installed on the existing foundation and would not be substantially larger in height or volume than the existing Surface-Mounted Facility.
      (2)   The installation of any equipment in the Public Right-of-Ways pursuant to an encroachment permit issued by the Department pursuant to Article 15 of the Public Works Code.
   (f)   Other Provisions Inapplicable. This Article shall govern all actions taken by the City with respect to the approval or denial of an Application for a Surface-Mounted Facility Site Permit under this Article 27. The requirements of Business and Tax Regulations Code Sections 5, 6, and 26(a) shall not apply to this Article 27 to the extent those provisions are in conflict with the provisions of this Article 27.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2701.  DEPARTMENT ORDERS AND REGULATIONS.
   The Department may adopt such orders or regulations as it deems necessary to implement the requirements of this Article 27, or to otherwise preserve and maintain the public health, safety, welfare, and convenience, as are consistent with the requirements of this Article 27 and Applicable Law. In formulating such orders or regulations, the Department shall consult with the Planning Department and the Recreation and Park Department, for the purpose of considering the impacts Surface-Mounted Facilities would have on the Aesthetic Character of the City's streetscapes, Historic Resources, public parks, and open spaces, as well on pedestrian circulation and visibility.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2702.  DEFINITIONS.
   For purposes of this Article 27, the following definitions shall apply.
   "Aesthetic Character" means pleasing in appearance in the context of the surrounding area.
   "Applicable Law" means all applicable federal, state, and City laws, ordinances, codes, rules, regulations and orders, as the same may be amended or adopted from time to time.
   "Applicant" means any Person intending to submit or submitting an Application for a Surface-Mounted Facility Site Permit under this Article 27, excluding any City department that has exclusive authority over facilities under the jurisdiction of that department.
   "Application" means an application for a Surface-Mounted Facility Site Permit under this Article 27.
   "City" means the City and County of San Francisco.
   "Conditions" means any additional requirements that a City department reviewing an Application for a Surface-Mounted Facility Site Permit has determined are necessary for the Application to meet those requirements of this Article 27 that are within that department's purview.
   "Department" means the Department of Public Works.
   "Director" means the Director of Public Works.
   "Graffiti" means any inscription, word, figure, marking or design that is affixed, marked, scratched, drawn or painted on a Surface-Mounted Facility, whether permanent or temporary, without the consent of the Permittee.
   "Historic Resource" means a national historic landmark district, listed or eligible national register historic district, listed or eligible California register historic district, San Francisco landmark district, local historic or conservation district, locally significant district, a national historic landmark, California landmark, San Francisco landmark, structure of merit, architecturally significant building, or locally significant building. For the purposes of this Article 27, the term Historic Resource includes a "potential" Historic Resource, which is a structure that the Planning Department's Historic Preservation staff has determined has high eligibility of becoming a Historic Resource. If an Applicant challenges the historic value of a potential Historic Resource, the Applicant must provide sufficient information for the Planning Department to make the determination that the identified potential Historic Resource is not a Historic Resource.
   "Notice of Intent" means a notice that the Applicant intends to submit an Application for a Surface-Mounted Facility Site Permit.
   "Permittee" means an Applicant that has obtained a Permit to construct, install, and maintain a Surface-Mounted Facility in the Public Right-of-Ways.
   "Person" means any natural person, corporation, partnership, any City department, or any governmental agency, including the State of California or United States of America.
   "Placement Criteria" means the Department's criteria for locating Surface-Mounted Facilities in the Public Right-of-Ways intended to ensure that a Surface-Mounted Facility does not interfere with the public's use of the Public Right-of-Ways, which the Department shall establish by order or regulation in consultation with the Planning Department.
   "Pre-Application Approval Process" means the process forth in Sections 2704 through 2709 and 2712 through 2714 through which an Applicant for a Surface-Mounted Facility Site Permit must obtain the Department's prior approval of the proposed location for the Surface-Mounted Facility to be set forth in an Application.
   "Preferred Location List" means a list submitted by an Applicant for a Surface-Mounted Facilities Permit identifying the Applicant's Preferred Locations for a Surface-Mounted Facility.
   "Preferred Locations" means the locations for a Surface-Mounted Facility that an Applicant determines best suits its needs and that are consistent with the requirements of this Article 27.
   "Public Right-of-Ways" means the area in, on, upon, above, beneath, within, along, across, under, and over the public streets, sidewalks, roads, lanes, courts, ways, alleys, spaces, and boulevards within the geographic area of the City in which the City now or hereafter holds any property interest, which is dedicated to public use.
   "Public Works Code" means the City and County of San Francisco Public Works Code.
   "Surface-Mounted Facility" means any Utility facility (physical element or structure) that is installed, attached, or affixed in the Public Right-of-Ways on a site that is above the surface of the street (except a Utility pole or associated appurtenances) and that requires the Permittee to excavate in order to install the facility in the Public Right-of-Ways. The term Surface-Mounted Facility shall not include bus shelters and associated kiosks.
   "Surface-Mounted Facility Site Permit" or "Permit" means a permit to install a Surface-Mounted Facility in the Public Right-of-Ways as it has been approved by the Department.
   "Utility" means any of the following services: electricity, gas, information, sewer, steam, telecommunications, high-speed Internet, voice over Internet protocol, video over Internet protocol, traffic control, cable television, transit, open video, water, or other services that require the provider to install facilities in the Public Right-of-Ways to serve its customers.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2703.  LOCATION APPROVAL.
   (a)   Required Prior to Application. In order to ensure that Surface-Mounted Facilities are installed in the most suitable locations, an Applicant must first obtain the Department's approval of the proposed location for the Surface-Mounted Facility.
   (b)   Exceptions. If an Applicant demonstrates to the Department that there is only one feasible location for the proposed Surface-Mounted Facility, the Department may by order waive the required Pre-Application Approval Process and authorize the Applicant to submit an Application without a pre-approved location, subject to any reasonable Conditions the Department may place on the proposed Surface-Mounted Facility. By order or regulation, the Department shall establish standards for determining when there is only one feasible location for a proposed Surface-Mounted Facility, but such standards shall be based on technical or physical constraints only.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2704.  PREFERRED LOCATIONS.
   (a)   Identification of Preferred Locations. The Pre-Application Approval Process shall begin with an Applicant's initial site selection. An Applicant shall conduct a thorough survey of the area where it seeks to install a Surface-Mounted Facility to identity its Preferred Locations for the Surface-Mounted Facility.
   (b)   Criteria for Preferred Locations. In selecting its Preferred Locations, the Applicant should seek to minimize the effect the placement of the Surface-Mounted Facility will have on use of the Public Right-of-Ways by, among other things:
      (1)   Placing the Surface-Mounted Facility in the Public Right-of-Ways so as to maintain an appropriate path of travel along the sidewalk, paying particular attention to the needs of persons with disabilities. To the extent feasible, an Applicant shall locate the Surface-Mounted Facilities on streets where pedestrian travel is minimal.
      (2)   Placing the Surface-Mounted Facility in the Public Right-of-Ways so that the Aesthetic Character of the streetscape will not be unreasonably affected by the installation of the Surface-Mounted Facility. Unless no other location is feasible, the Applicant should avoid using sidewalks that: (A) are narrower than the City's standard sidewalk in the applicable zoning district as set forth in the Better Streets Plan; or (B) have special paving or other special design features.
      (3)   Ensuring that the Surface-Mounted Facility will not obstruct access to other facilities that are installed or the Department knows are to be installed in the Public Right-of-Ways by other entities including City departments and entities providing Utility services.
      (4)   Placing the Surface-Mounted Facility in a location that is consistent with the City's General Plan, Better Streets Plan, and any applicable Neighborhood or Streetscape Plans.
      (5)   Placing the Surface-Mounted Facility in a location that is consistent with the Placement Criteria.
      (6)   Placing the Surface-Mounted Facility in a location that will not unreasonably affect the Aesthetic Character of a City park or open space.
   (c)   Disfavored Locations. The following locations are disfavored, and the Department shall not issue a Surface-Mounted Facility Site Permit in these disfavored locations unless the Applicant can show that no other option is available:
      (1)   On Public Right-of-Ways where all Utility facilities are undergrounded.
      (2)   On Public Right-of-Ways where the City has completed or has plans for major capital improvements, including streetscape and pedestrian safety improvements.
      (3)   On Public Right-of-Ways that are known for having a high level of pedestrian traffic (e.g. Neighborhood Commercial zoning districts).
      (4)   On Public Right-of-Ways that are adjacent to or that will affect the view of a Historic Resource or that are within a Historic Resource in which any existing street furniture contributes to the historic nature of the Historic Resource.
      (5)   On Public Right-of-Ways that the San Francisco General Plan has designated as being most significant to City pattern, defining City form, having an important street view for orientation, or having views that are rated "excellent" or "good."
      (6)   On Public Right-of-Ways that are adjacent to a City park or open space, unless the Department finds that such locations could be used to minimize the effect on the Aesthetic Character of the City park or open space.
      (7)   On Public Right-of-Ways that are adjacent to a public or private elementary or middle school.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2705.  COMMUNITY INPUT ON PREFERRED LOCATIONS.
   (a)   Community Meeting Required. The Pre-Application Approval Process shall require participation in a community meeting in which the Applicant shall discuss its Preferred Locations for a Surface-Mounted Facility with local residents and business owners. At the community meeting, the Applicant shall discuss: (1) all feasible locations for the proposed Surface-Mounted Facility, which may include specific locations or zones, but in no case fewer than two Preferred Locations for the proposed Surface-Mounted Facility shall be identified and discussed; (2) any technological limitations to the location of the proposed Surface-Mounted Facility; and (3) the process for the public to object to the Applicant's Preferred Locations.
   (b)   Notice of Meeting. The Applicant shall provide notice of time and place for the community meeting as set forth in Section 2713. The time for the community meeting shall be after regular business hours and the place for the meeting shall be within the vicinity of the Applicant's Preferred Locations.
   (c)   City Department Participation. The Applicant shall notify the Department and the Planning Department of the time and place for the community meeting. If one of the Preferred Locations is in front of a City park or open space, the Applicant shall also notify the Recreation and Park Department. Where feasible, the Department, the Planning Department, and the Recreation and Park Department shall attend the community meeting.
   (d)   Record of Meeting. The Applicant shall keep a record of all Persons that attended a community meeting and shall prepare and distribute a summary of the meeting to the attendees and the Department.
   (e)   Language Requirement. The Applicant shall ensure that on-call translation services are available for such meeting when required by the Department. Prior to the meeting, the Applicant shall inquire of the Department whether translation services are required, and if so, into which language or languages such translation services shall be offered.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2706.  SUBMISSION OF PREFERRED LOCATION LIST.
   As part of the Pre-Application Approval Process, an Applicant may submit a Preferred Location List to the Department within 10 days of the community meeting in which the Applicant shall identify at least two Preferred Locations for the Surface-Mounted Facility and shall specify the Applicant's order of preference for the proposed locations. If there are any technological limitations to the location for the proposed Surface-Mounted Facility in the Public Right-of-Ways, the Applicant shall inform the Department of such constraints in the Preferred Location List.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2707.  DEPARTMENT ACTION ON PREFERRED LOCATION LIST.
   (a)   Department Review. As part of the Pre-Application Approval Process, the Department shall complete its review of the Preferred Location List within 14 days of receipt from the Applicant. With the concurrence of the Applicant, the Department may extend this review period beyond 14 days.
   (b)   Notice to Applicant. After completion of its review, the Department shall notify the Applicant as follows:
      (1)   Whether the Applicant has satisfied the requirement to conduct a community meeting.
      (2)   Whether one or more of the Applicant's Preferred Locations are acceptable locations for Applicant's proposed Surface-Mounted Facility consistent with the Department's Placement Criteria.
      (3)   Whether the Department agrees with the Applicant's order of preference for its Preferred Locations.
      (4)   Whether the Department's approval of one or more of the Applicant's Preferred Locations shall include any Conditions, unless the Department by order or regulation has established objective criteria that identify and address the impacts that a Surface-Mounted Facility would have on the Public Right-of-Ways so that no Conditions would be required.
      (5)   Whether the Department will require the Applicant to notify the public of the proposed installation of the Surface-Mounted Facility prior to submitting an Application for a Surface-Mounted Facility Site Permit.
      (6)   Whether the Department will propose any additional locations for the Applicant's Surface-Mounted Facility.
   (c)   Referral to Other City Departments.
      (1)   As part of the Pre-Application Approval Process, the Department shall refer every  Preferred Location List to the Planning Department for its review. If a Preferred Location List identifies any proposed location that is in front of any City park or open space under the jurisdiction of the Recreation and Park Department, the Department shall refer the Preferred Location List to the Recreation and Park Department.
      (2)   The referral requirements set forth in subsection (c)(1) above, and the review requirements set forth in Sections 2708 and 2709, may be waived for any and all Preferred Location Lists submitted to the Department, provided that: (A) the Department has by order or regulation adopted in association with the Planning Department established objective criteria that identify and address the impacts that a Surface-Mounted Facility would have on the Aesthetic Character of the City's streetscapes, Historic Resources, and pedestrian circulation and visibility; and/or (B) the Department has by order or regulation adopted in association with the Recreation and Park Department established objective criteria that identify and address the impacts that a Surface-Mounted Facility would have on the Aesthetic Character of the City's parks and open spaces.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2708.  PLANNING DEPARTMENT ACTION ON PREFERRED LOCATION LIST.
   (a)   Planning Department Review. The Planning Department shall review a Preferred Location List to make the determination set forth in subsection (b) below. The Planning Department may also consult with other City departments during its review.
   (b)   Planning Department Determination.
      (1)   The Planning Department shall determine whether the installation of a Surface-Mounted Facility at any or all of the Preferred Locations will unreasonably affect the Aesthetic Character of the streetscape in the immediate vicinity of each of the Preferred Locations or if such installation will adversely affect pedestrian circulation or visibility, or, where applicable, will adversely affect a Historic Resource.
      (2)   The Planning Department's determination that the installation of a Surface-Mounted Facility at any or all of the Preferred Locations will not unreasonably affect the Aesthetic Character of the streetscape, adversely affect pedestrian circulation or visibility, or adversely affect a Historic Resource may include Conditions intended to minimize such effects including, but not limited to, a color for the Surface-Mounted Facility and any aesthetic changes to the Surface-Mounted Facility itself or to its installation.
      (3)   The Planning Department's determination may suggest changes to the Applicant's order of preference for the Preferred Locations.
      (4)   The Planning Department's determination may include a recommendation that the Applicant include additional locations for the proposed Surface-Mounted Facility in the Notice of Intent.
      (5)   The Planning Department's determination shall be in writing and shall set forth the reasons therefore. The Planning Department shall transmit its determination to the Department and the Applicant within 14 days of receipt of the Preferred Location List from the Department. With the concurrence of the Applicant, the Planning Department may extend this review period beyond 14 days.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2709.  RECREATION AND PARK ACTION ON PREFERRED LOCATION LIST.
   (a)   Recreation and Park Department Review. The Recreation and Park Department shall review any Preferred Location List that identifies a proposed location for a Surface-Mounted Facility that is in front of a City park or open space under its jurisdiction to make the determination set forth in subsection (b) below. The Recreation and Park Department may consult with other City departments during its review.
   (b)   Recreation and Park Department Determination.
      (1)   The Recreation and Park Department shall determine whether the installation of a Surface-Mounted Facility at a Preferred Location that is in front of a City park or open space under its jurisdiction will unreasonably affect the Aesthetic Character of such City park or open space.
      (2)   The Recreation and Park Department's determination that the installation of a Surface-Mounted Facility at a Preferred Location that is in front of a City park or open space will not unreasonably affect the Aesthetic Character of such City park or open space may include Conditions intended to minimize the effect of the Surface-Mounted Facility on the Aesthetic Character of such City park or open space including, but not limited to, a color for the Surface-Mounted Facility or any aesthetic changes to the Surface-Mounted Facility itself or to its installation.
      (3)   The Recreation and Park Department's determination may suggest changes to the Applicant's order of preference for the Preferred Locations.
      (4)   The Recreation and Park Department's determination may include a recommendation that the Applicant include additional locations for the proposed Surface-Mounted Facility in the Notice of Intent.
      (5)   The Recreation and Park Department's determination shall be in writing and shall set forth the reasons therefore. The Recreation and Park Department shall transmit its determination to the Department and the Applicant within 14 days of receipt of the Preferred Location List from the Department. With the concurrence of the Applicant, the Recreation and Park Department may extend this review period beyond 14 days.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2710.  STREET TREE.
   (a)   Required for Permit. The Department shall require every Permittee to install a suitable street tree in order to minimize any negative effects on the Aesthetic Character of the streetscape resulting from Permittee’s construction, installation and maintenance of the permitted Surface-Mounted Facility.
   (b)   “In-Lieu” Fee.
      (1)   In any instance in which the Department cannot require the Permittee to install an appropriate street tree in the vicinity of the permitted Surface-Mounted Facility, including on the basis of inadequate sidewalk width, interference with utilities, or other reasons regarding the public health, safety, or welfare, the Department shall instead require the Permittee to pay an “in-lieu” fee.
      (2)   An Applicant may elect to pay the “in-lieu” fees described in subsection (b)(1) instead of installing any required street tree. The Applicant shall notify the Department of its election in the Notice of Intent required under Section 2712 of this Article 27.
      (3)   The “in-lieu” fee required by this subsection (b) shall be in the amount specified in Public Works Code Sections 802(h) and 807(f) for the installation of one street and shall be paid into the “Public Works Adopt-A-Tree Fund” established under Administrative Code Section 10.100-227.
   (c)   Care and Maintenance of Street Trees. The care and maintenance of any street trees required to be installed in the Public Right-of-Ways under this Section shall be in accordance with the terms and conditions of Article 16 of the Public Works Code, Section 800, et seq.
   (d)   No Separate Permit Required. Where required, the installation of a street tree shall be incorporated into the Surface-Mounted Facility Site Permit issued by the Department under this Article 27 . No separate permit will be required under Section 810B of the Public Works Code.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2711.  MURALS.
   (a)   Required for Permit. Any Person or group of Persons may propose to the Department and the Permittee that the permitted Surface-Mounted Facility be used for a mural that is appropriate for the location. The Department shall require every Permittee to work with any Person or group of Persons selected by the San Francisco Arts Commission in consultation with the Department and the Permittee to facilitate the installation of the mural at Permittee's sole expense and at no cost to the City. No mural shall be allowed unless it is approved by the San Francisco Arts Commission. No mural may contain any product advertising of any kind. The Department may establish by order or regulation the process for placing a mural on a permitted Surface-Mounted Facility.
   (b)   Maintenance. The Permittee shall at Permittee’s expense work with the Person or Persons that installed the mural to ensure that the mural is properly maintained. The requirements of this subsection (b) shall be in addition to Permittee’s responsibilities under this Article 27 to maintain any permitted Surface-Mounted Facilities and remove any Graffiti from its permitted Surface-Mounted Facilities.
   (c)   “In-Lieu” Fee.
      (1)   An Applicant may elect to pay an “in-lieu” fee instead of permitting the installation of a mural on its Surface-Mounted Facility. The Applicant shall notify the Department of its election in the Notice of Intent required under Section 2712 of this Article 27.
      (2)   The “in-lieu” fee required by this subsection (c) shall be the greater of $2,000 or the product of multiplying the square footage of the total surface area of the proposed Surface-Mounted Facility times 48. The fee shall be paid into the “Public Works Street Beautification Fund” established under Administrative Code section 10.100-239. The in-lieu fee may be adjusted to reflect changes in the relevant Consumer Price Index, subject to the requirements of Section 2729(e) of this Article 27.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2712.  NOTICE OF INTENT TO SUBMIT APPLICATION.
   (a)   Submission to the Department. As part of the Pre-Application Approval Process, within one day after the Preferred Location List has been reviewed and approved by all applicable City departments, the Applicant may submit a Notice of Intent to the Department for its review. An Applicant may request additional time to submit a Notice of Intent.
   (b)   Form and Contents. The Notice of Intent shall be in the form approved by the Department by order or regulation, but at a minimum shall contain the information required in Section 2713(c)(1)-(11).
   (c)   Department Approval. If the Department determines that a Notice of Intent is complete, the Department will approve the Notice of Intent and authorize the Applicant to post and mail the Notice of Intent as required in Section 2713.
   (d)   Completion Requirements. The Notice of Intent shall not be complete unless the Department determines that the Applicant has complied with the following requirements:
      (1)   The Applicant has satisfactorily conducted the community meeting required in Section 2705.
      (2)   The Applicant has submitted to the Department plans showing all of the sizes and shapes of the cabinets proposed to be used for its Surface-Mounted Facilities, including the dimensions of any ancillary equipment. For Applicants that conduct business in jurisdictions other than San Francisco, the Applicant shall certify that the cabinets proposed for San Francisco are no larger than the smallest used in any other jurisdiction for similar services.
      (3)   If the Applicant is seeking approval of a larger cabinet on an existing Surface-Mounted Facility site, the Applicant has sufficiently demonstrated to the Department the reasons the larger cabinet is necessary.
      (4)   The Applicant attempted to place the Surface-Mounted Facility (or parts thereof) underground where such underground placement is technologically or economically feasible. An Applicant may satisfy the requirement contained in this subsection (d)(4) by demonstrating to the satisfaction of the Director that it is not technologically or economically feasible for the Applicant to place the Surface-Mounted Facility (or parts thereof) underground. At a minimum, the Applicant shall demonstrate to the Director that it conducted a thorough search for adequate underground technology and provide a report from a licensed engineer certifying the information.
      (5)   Where it is not technologically or economically feasible to underground the entire Surface-Mounted Facility, the Applicant has agreed: (A) to underground part of the Surface-Mounted Facility; (B) to limit the height and footprint of the Surface-Mounted Facility to the maximum extent feasible; (C) either to use stainless steel or to paint the Surface-Mounted Facility the color used for City structures in the vicinity unless otherwise specified by the Department and add a Graffiti-proof coating; and (D) to comply with any Conditions imposed by any City department that reviewed the Applicant’s Preferred Location List.
      (6)   The Applicant has explored reasonable opportunities to co-locate the Surface-Mounted Facility with any other Surface-Mounted Facility installed or to be installed in the Public Right-of-Ways by other entities including City departments.
      (7)   The Applicant has explored reasonable opportunities for its Surface-Mounted Facility to serve a dual function such as a bench or other amenity. The Department shall have the authority to require that a Surface-Mounted Facility serve a dual function, where the Department determines that such dual function is technologically and economically feasible.
      (8)   The Applicant has notified the Department whether the Applicant could remove an existing Surface-Mounted Facility from the Public Right-of-Ways because it would no longer be used or useful to the Applicant once the proposed Surface-Mounted Facility has been installed.
      (9)   The Applicant has submitted a plan to the Department, in a format specified by the Department, showing all of the Surface-Mounted Facilities the Applicant expects to install in the City within five years of the Application date. Any Applicant that does not anticipate installing any other Surface-Mounted Facilities in the next five years may satisfy this requirement by submitting a statement to that effect instead of a five-year plan.
      (10)   The Department has determined that at least two of the Applicant’s Preferred Locations for the Surface-Mounted Facility are acceptable or the Notice of Intent will include additional proposed locations identified by the Department or another City department that reviewed the Applicant’s Preferred Location List, unless the Department has determined that there is only one feasible location for the proposed Surface-Mounted Facility.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2713.  PUBLIC NOTICE OF NOTICE OF INTENT TO SUBMIT APPLICATION.
   (a)   Public Notice Required. As part of the Pre-Application Approval Process, the Department shall require an Applicant to notify the public that the Applicant has submitted a Notice of Intent to the Department.
   (b)   Notice Requirements.
      (1)   The Applicant shall send a copy of the Notice of Intent to all Persons owning or occupying any property located within 300 feet along either side of the fronting streets of any of the Preferred Locations for the Surface-Mounted Facility.
      (2)   The Applicant shall post a copy of the Notice of Intent in conspicuous places along the Public Right-of-Ways within 300 feet of either side of the fronting streets of any of Applicant's Preferred Locations for the Surface-Mounted Facility.
      (3)   The Applicant shall send a copy of the Notice of Intent to any neighborhood planning association identified by the Planning Department for any neighborhood within 300 feet of any of the Applicant's Preferred Locations for the Surface-Mounted Facility.
   (c)   Form of Notice of Intent. The Notice of Intent shall be in a form to be approved by the Department by order or regulation. At a minimum, the Notice of Intent shall contain the following information:
      (1)   The fronting address for each of the Preferred Locations and photo-simulations of the Surface-Mounted Facility at each of the Preferred Locations. Such photo-simulations shall accurately depict the proposed Surface-Mounted Facility and any required street tree.
      (2)   The Applicant's order of preference for the Preferred Locations.
      (3)   A brief description of the nature of the use of the proposed Surface-Mounted Facility and the consequences of not installing the facility.
      (4)   Any assessment made of the Applicant's Preferred Locations by the Planning Department and/or Recreation and Park Department.
      (5)   Any Conditions on the installation of the proposed Surface-Mounted Facility at each of the Preferred Locations imposed by any City department that reviewed the Applicant's Preferred Location List (including a statement indicating whether the Applicant has accepted the Conditions).
      (6)   Any additional proposed locations for the Surface-Mounted Facility identified by any City department that reviewed the Applicant's Preferred Location List (including a statement indicating whether the Applicant has accepted the proposed locations).
      (7)   The procedure for protesting any or all of the Preferred Locations contained in the Notice of Intent.
      (8)   The Applicant's contact information for obtaining information related to the Notice of Intent and/or the technical requirements for the proposed Surface-Mounted Facility.
      (9)   A statement that more information about the proposed Notice of Intent can be obtained from the Applicant and more information about submitting a protest can be obtained from the Department.
      (10)   If applicable, a statement that the Applicant will elect to pay an “in-lieu” fee rather than installing a street tree.
      (11)   If applicable, a statement that the Applicant will elect to pay an “in-lieu” fee rather than permitting the installation of a mural on its permitted Surface-Mounted Facility.
   (d)   Language Requirement. The Department may require an Applicant to translate the Notice of Intent into such language(s) that the Department determines are appropriate based on the locations for the proposed Surface-Mounted Facility contained in the Notice of Intent. Prior to issuing the Notice of Intent, the Applicant shall inquire of the Department as to whether translation is required, and if so, into which language or languages such translation shall be offered.
   (e)   Filing with the Department. The Applicant shall file with the Department proof that the Applicant has complied with the notice requirements contained herein.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2714.  PROTEST OF APPLICANT'S PREFERRED LOCATIONS.
   (a)   Protest Allowed. As part of the Pre-Application Approval Process, the Department shall allow any Person affected by a proposed Surface-Mounted Facility to protest an Applicant's Preferred Locations for a Surface-Mounted Facility.
   (b)   Protest Procedure. A protest must be in writing and must be submitted to the Department within 10 days of the date the Notice of Intent was mailed and posted as required under Section 2713.
   (c)   Hearing Required. If a protest is timely submitted, the Department shall hold a hearing. The Department shall set a date for the hearing no more than 20 days after the Department's receipt of the protest.
   (d)   Notice of Hearing Date. The Department shall send written notice to any Person submitting a protest, to the Applicant, and to any City department that reviewed the Preferred Location List of the date the Department has set for the hearing at least 7 days before the date set for the hearing. The Department shall follow its regular procedures for notifying the general public of the date set for the hearing.
   (e)   Hearing Officer. The Department shall appoint a hearing officer to conduct a public hearing on a protest.
   (f)   Hearing Record. The hearing record shall include:
      (1)   Records of any community meetings held to discuss the Preferred Location List;
      (2)   The Preferred Location List;
      (3)   Any written determination from the Department, the Planning Department, or the Recreation and Park Department (as applicable), including any Conditions and/or additional proposed locations identified by such City department;
      (4)   Any further written evidence from any City department submitted either prior to or during the hearing;
      (5)   Any written submissions from the Applicant, any Person submitting a protest, or any other interested Person submitted either prior to or during the hearing; and
      (6)   Any oral testimony from any City department, the Applicant, any Person submitting a protest, or any interested Person taken during the hearing.
   (g)   Hearing Officer's Report.
      (1)   The hearing officer shall issue a written report and recommendation within 5 days of the close of evidence.
      (2)   The hearing officer shall include in the report a summary of the evidence and a recommendation to the Director.
      (3)   The hearing officer may recommend that the Director approve one of the Applicant's Preferred Locations, and will base such a recommendation upon the following matters only:
         (A)   Which of the Preferred Locations best complies with this Article 27.
         (B)   Whether the Department's approval of the Preferred Location should include any of the Conditions recommended by a City department.
         (C)   Whether any of the additional proposed locations recommended by a City department would better comply with this Article 27 than any of the Applicant's Preferred Locations.
      (4)   The hearing officer may recommend that the Director deny all of the Applicant's Preferred Locations for the proposed Surface-Mounted Facility should the hearing officer determine that:
         (A)   None of the Applicant's Preferred Locations complies with this Article 27;
         (B)   The Applicant will not accept the Conditions recommended by a City department that the hearing officer determines are necessary to comply with this Article 27; or
         (C)   The Applicant will not agree to install the Surface-Mounted Facility in one of the additional proposed locations recommended by a City department.
   (h)   Director's Decision. The Director shall issue a written decision adopting, modifying, or rejecting the hearing officer's written report and recommendation within 5 days of the Director's receipt of the hearing officer's report.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2715.  APPLICATION PROCESS FOR SURFACE-MOUNTED FACILITY SITE PERMIT.
   (a)   Application. An Application for a Surface-Mounted Facility Site Permit shall contain such information as the Department shall determine is necessary by order or regulation.
   (b)   Time for Application.
      (1)   If, pursuant to Section 2703(b), the Department did not require the Applicant to follow the Pre-Application Approval Process, an Application may be submitted immediately upon the Department's determination there is only one feasible location for the proposed Surface-Mounted Facility.
      (2)   If the Pre-Application Approval Process has been completed, an Application may be submitted to the Department as further described below:
         (A)   If a timely protest to a Notice of Intent was not submitted, immediately upon the expiration of the protest period.
         (B)   If a timely protest to a Notice of Intent was submitted, immediately upon receipt of the Director's decision issued after the hearing.
   (c)   Completion Notice.
      (1)   Upon receipt of an Application, the Department shall first determine whether the Application is complete. The Department will notify the Applicant within 3 days whether the Application is complete.
      (2)   An Application is not complete if the Applicant does not specify that the location for the proposed Surface-Mounted Facility has been approved by the Department, or that the Department has waived the required Pre-Application Approval Process pursuant to Section 2703(b), and that the Applicant will comply with all of the Conditions of approval imposed by any City department or in a Director's decision issued after a hearing.
   (d)   Reasons for Denial.
      (1)   If, pursuant to Section 2703(b), the Department waived the Pre-Application Approval Process for its proposed location for a Surface-Mounted Facility, the Department may deny an Application at the Applicant's selected location if the Applicant rejects any of the Conditions proposed by any City department that reviewed the Application.
      (2)   If a timely protest was not submitted, the Department may deny an Application at the location identified in the Notice of Intent if the Applicant rejects any of the Conditions proposed by any City department that reviewed the Application.
      (3)   If a timely protest was submitted, the Department shall deny an Application if the Director has not approved a location for the proposed Surface-Mounted Facility or if the Applicant rejects any of the Conditions set forth in the Director's decision.
   (e)   Approval of Location.
      (1)   If, pursuant to Section 2703(b), the Department waived the Pre-Application Approval Process for its proposed location for a Surface-Mounted Facility, the Department shall approve the location identified by the Applicant.
      (2)   If no protest was submitted, the Department shall evaluate the proposed Preferred Locations in the order ranked by the Applicant.
      (3)   If a protest was submitted, the Department shall approve the proposed location contained in the Director's decision.
   (f)   Final Determination. The Department shall finally approve or deny an Application at the Applicant's selected location within 2 days after the Department's determination that the Application is complete.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2716.  NOTICE OF FINAL DETERMINATION.
   (a)   Notice by Mail.
      (1)   The Department shall promptly mail a notice of final determination regarding an Application for a Surface-Mounted Facility Site Permit to both the Applicant and to any neighborhood association identified by the Planning Department for any neighborhood within 300 feet of the approved Surface-Mounted Facility.
      (2)   If a protest to a Notice of Intent was submitted, in addition to the Applicant and the relevant neighborhood associations identified in subsection (a)(1) above, the Department shall also promptly mail a notice of final determination regarding an Application to any Person who either filed a protest, submitted evidence, or attended at the hearing, provided that person's name and address are known to the Department.
   (b)   Posting of Notice. The Department shall require the Applicant to promptly post notice of a Department final determination regarding an Application in conspicuous places throughout the block face where the approved Surface-Mounted Facility will be located.
   (c)   Contents of Notice. A notice of final determination regarding an Application shall contain such information as the Department reasonably requires.
   (d)   Compliance with Notice Requirement. The Department may require the Applicant to provide the Department with such evidence as the Department may require of the Applicant's compliance with the notice requirements of this Section.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2717.  APPEALS.
   (a)   Appealable Determinations. The Department's approval or denial of an Application for a Surface-Mounted Facility Site Permit may be appealed to the Board of Appeals.
   (b)   Board of Appeals Review. Upon such appeal, the Board of Appeals shall determine whether the final determination was correct under the provisions of this Article 27.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2718.  EXCAVATION REQUIREMENTS.
   The requirements of Subarticles V and VI of Article 2.4 of the Public Works Code, and any Department order or regulation related to Article 2.4, shall apply to any excavation required to install a Surface-Mounted Facility in the Public Right-of-Ways. The Department may invoke the procedures contained in Subarticle VII of Article 2.4 of the Public Works Code to enforce any violations of the requirements of Subarticles V and VI.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2719.  COMPLIANCE.
   Any Surface-Mounted Facility installed in the Public Right-of-Ways pursuant to a Surface-Mounted Facility Site Permit issued under this Article 27 shall be installed in a manner that complies with the terms and conditions of the Permit and this Article 27.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2720.  NOTICE OF COMPLETION AND INSPECTION.
   (a)   Notice of Completion. A Permittee shall notify the Department immediately upon completion of the installation of a Surface-Mounted Facility.
   (b)   Inspection. The Department shall inspect a Surface-Mounted Facility installed in the Public Right-of-Ways within a reasonable time after a Permittee provides the Department with a notice of completion required under subsection (a) above. The Department shall determine during the inspection whether the installation is in accordance with the requirements of the Surface-Mounted Facility Site Permit.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2721.  ADDITIONAL PERMIT REQUIREMENTS.
   (a)   Permittee's Use of the Public Right-of-Ways. A Permittee's use of the Public Right-of-Ways to construct, install, and maintain a Surface-Mounted Facility shall be subordinate to any prior lawful occupancy and the continuing right of the City to use and occupy the Public Right-of-Ways, or any part thereof, exclusively or concurrently with any other Person or Persons, and further subject to the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, franchises and claims of title which may affect the Public Right-of-Ways.
   (b)   Removal or Relocation. When made necessary by any work to be performed under the governmental authority of the City (including but not limited to any lawful change of grade, alignment or width of any street, or construction of City facilities of any kind), or when necessary to protect the public health, safety or welfare, a Permittee shall at its own cost and expense temporarily or permanently remove, relocate, adjust, and/or support a Surface-Mounted Facility or any part thereof, to such other locations in the Public Right-of-Ways, in such manner as appropriate and as may be approved by the City in writing and in advance, or otherwise required by the City. The City may not unreasonably withhold its approval of any plan for removal, relocation, adjustment, and/or support of a Surface-Mounted Facility ordered pursuant to this Section. Such removal, relocation, adjustment, and/or support shall be completed within the time and manner prescribed by the City; however, where feasible the City may require the Permittee to fol/ow the procedures set forth in this Article 27 to obtain a new site for the Surface-Mounted Facility.
   (c)   Public Right-of-Ways Restoration. Whenever the Department requires a Permittee to remove, relocate, adjust, and/or support a Surface-Mounted Facility to ensure the public health, safety or welfare the Permittee shall, after such work is complete, at its own cost and expense, promptly restore the Public Right-of-Ways in accordance with Applicable Law. If a Permittee fails to restore the Public  Right-of-Ways in accordance with Applicable Law, the Department shall have the option to perform or cause to be performed such restoration in such manner as the Director deems expedient and appropriate on behalf of the Permittee and charge the actual costs incurred including, but not limited to administrative costs, to the Permittee.
   (d)   City Costs Reimbursement. If a Permittee does not remove, relocate, adjust, and/or support a Surface-Mounted Facility in the manner and time prescribed by the Department, the Department shall take all reasonable, necessary, and appropriate action, including removing the Surface-Mounted Facility, and may charge the Permittee the reasonable costs actually incurred including, but not limited to, administrative costs. Upon the receipt of a demand for payment by the Department, the Permittee shall reimburse the City for any costs incurred by the Department to remove a Surface-Mounted Facility or to restore the Public Right-of-Ways or the costs may be deducted from the Permittee's deposit under Section 2725.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2722.  POST-INSTALLATION OBLIGATIONS.
   (a)   Required Signage. A Permittee shall place a sign on a permitted Surface-Mounted Facility that shall contain the Permittee’s name and provide a telephone number for people to call to notify the Permittee that there is damage to or Graffiti on a Surface-Mounted Facility or that an associated street tree is in need of maintenance. A telephone call to that number will be considered notice to the Permittee. Such sign shall be displayed in a conspicuous manner and shall be maintained and/or replaced as necessary.
   (b)   Surface-Mounted Facility Maintenance. A Permittee shall be solely responsible for maintaining a Surface-Mounted Facility installed in the Public Right-of-Ways in a clean and safe condition. A Permittee shall repair any damage to a Surface-Mounted Facility within 30 days after discovering or being notified of such damage to a Surface-Mounted Facility.
   (c)   Graffiti Removal. A Permittee shall be solely responsible for the removal of any Graffiti from a Surface-Mounted Facility installed in the Public Right-of-Ways. A Permittee shall remove all Graffiti from a Surface-Mounted Facility within 72 hours after discovering or being notified that there is Graffiti on a Surface-Mounted Facility.
   (d)   Inspection Required. A Permittee shall regularly inspect each Surface-Mounted Facility installed in the Public Right-of-Ways to determine whether any of its Surface-Mounted Facilities are damaged, in need of street tree maintenance, or have been tagged with Graffiti.
   (e)   Records. A Permittee shall maintain written records of all inspections, repairs to, and maintenance of any permitted Surface-Mounted Facilities in the Public Right-of-Ways in such form as may be required by the Department. The Department may require that a copy of these written records be sent to the Department on a regular basis.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2723.  VIOLATIONS.
   (a)   Notice of Deficiency. If the Department determines, either after an inspection required under Section 2720(b) or at any other time, that a Surface-Mounted Facility is not in compliance with the Surface-Mounted Facility Site Permit, this Article 27, or other Applicable Law, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Surface-Mounted Facility into compliance.
   (b)   Department Remedies.
      (1)   If a Permittee fails to take corrective action with respect to a Surface-Mounted Facility within a reasonable time after receiving a notice of deficiency the Department shall:
         (A)   Take all reasonable, necessary, and appropriate action to remedy a Permittee's non-compliance;
         (B)   Charge to a Permittee the reasonable costs that the Department has actually incurred including, but not limited to, administrative costs. Upon the receipt of a demand for payment from the Department, the Permittee shall immediately reimburse the Department for any such costs incurred by the Department or the costs may be deducted from the Permittee's deposit under Section 2725; and
         (C)   Cease its review of any pending Application submitted by the Permittee and deny the Application.
      (2)   In the event the required corrective action includes Graffiti removal, the Department may issue a fine of up $1,000 per day that the Permittee fails to take the corrective action. Upon the receipt of such a fine from the Department, the Permittee shall pay the fine immediately or the fine may be deducted from the Permittee's deposit under Section 2725.
      (3)   In addition to the foregoing, if the Department determines that a Permittee has repeatedly failed to take corrective action with respect to a Surface-Mounted Facility after receiving a notice of deficiency, the Department may require the Permittee to remove the non-compliant Surface-Mounted Facility from the Public Right-of-Ways.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2724.  ABANDONMENT.
   (a)   Notice of Abandonment. A Permittee shall notify the Department, or the Department may determine and notify a Permittee, that a permitted Surface-Mounted Facility has been abandoned. In such event, a Permittee shall promptly remove the abandoned Surface-Mounted Facility as required by the Department and at Permittee's expense.
   (b)   Certification of Continued Use. Should the Department have reason to believe a permitted Surface-Mounted Facility has been abandoned, the Department may request that a Permittee certify that the permitted Surface-Mounted Facility is still in use. If the Permittee fails to respond to the Department's request within 60 days, the Department may determine that the permitted Surface-Mounted Facility has been abandoned.
   (c)   Remedy for Non-Compliance. If a Permittee fails to remove an abandoned Surface-Mounted Facility within a reasonable period of time after notifying the Department or receiving a notice of abandonment, the Department shall take all reasonable, necessary, and appropriate action to remedy the Permittee's failure to comply with the notice (including removing the Surface-Mounted Facility) and may charge to the Permittee the reasonable costs the City has actually incurred including, but not limited to, administrative costs.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2725.  DEPOSIT.
   Each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the Permittee and its agents under any and all Surface-Mounted Facility Site Permits issued to the Permittee under this Article 27. The deposit shall be in the sum of $25,000 in favor of the "Department of Public Works, City and County of San Francisco." If, in accordance with this Article 27, the Director deducts any amounts from such a deposit, the Permittee must restore the full amount of the deposit prior to the Department's issuance of a subsequent Permit. The Department shall return the remainder of the deposit to the Permittee should Permittee cease to operate any Surface-Mounted Facilities in the Public Right-of-Ways.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2726.  LIABILITY.
   As a condition of a Surface-Mounted Facility Site Permit, each Permittee agrees on behalf of itself and any agents, successors, or assigns to be wholly responsible for the construction, installation, and maintenance of any permitted Surface-Mounted Facility and the installation of any required street trees. Each Permittee and its agents are jointly and severally liable for all consequences of such construction, installation, and maintenance of a permitted Surface-Mounted Facility and the installation of any required street trees. The issuance of any Permit, inspection, repair suggestion, approval, or acquiescence of any Person affiliated with the City shall not excuse any Permittee or its agents from such responsibility or liability.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2727.  INDEMNIFICATION AND DEFENSE OF CITY.
   (a)   Indemnification of City. As a condition of a Surface-Mounted Facility Site Permit, each Permittee agrees on behalf of itself and its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind allegedly arising directly or indirectly from the following:
      (1)   Any act, omission, or negligence of a Permittee or its agents, successors, or assigns while engaged in the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit, or while in or about the Public Right-of-Ways that are subject to the Permit, for any reason connected in any way whatsoever with the performance of the work authorized by the Permit, or allegedly resulting directly or indirectly from the construction, installation, or maintenance of any Surface-Mounted Facility authorized under the Permit or any required street trees;
      (2)   Any accident, damage, death, or injury to any of a Permittee’s contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit or any required street trees, or while in or about the Public Right-of- Ways that are subject to the Permit, for any reason connected with the performance of the work authorized by the Permit, including from exposure to radio frequency emissions;
      (3)   Any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the construction, installation, or maintenance of any Surface-Mounted Facility authorized by a Permit or any required street trees, or while in or about the Public Right-of-Ways that are subject to the Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and
      (4)   Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Right-of-Ways.
   (b)   Defense of City. Each Permittee agrees that, upon the request of the City, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in subsection (a) above, regardless of the alleged negligence of City or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Permit shall survive expiration of the Permit or completion of installation of any Surface-Mounted Facility authorized by the Permit.
   (c)   Additional Requirements. The Department may specify in a Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee’s construction, installation, and maintenance of a Surface-Mounted Facility or any required street trees.
(Added by Ord. 76-14, File No. 140319, App. 5/28/2014, Eff. 6/27/2014; amended by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)
SEC. 2728.  INSURANCE.
   (a)   Minimum Insurance Coverages. The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Surface-Mounted Facility Site Permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the Permittee's operations, vehicles, and employees, as follows:
      (1)   Workers' compensation, in statutory amounts, with employers' liability limits not less than $1,000,000 each accident, injury, or illness.
      (2)   Commercial general liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations.
      (3)   Commercial automobile liability insurance with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable.
      (4)   Contractors' pollution liability insurance, on an occurrence form, with limits not less than $1,000,000 each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed $25,000 each occurrence.
   (b)   Other Insurance Requirements.
      (1)   The policy or policies required by subsection (a) shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests.
      (2)   The policy or policies required by subsection (a) shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period.
      (3)   The policy or policies required by subsection (a) shall be endorsed to provide 30 days advance written notice of cancellation or any material change to the Department.
      (4)   Should any of the required insurance be provided under a claims-made form, a Permittee shall maintain such coverage continuously.
      (5)   Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified in subsection (a) above.
   (c)   Indemnity Obligation. Such insurance shall in no way relieve or decrease a Permittee's or its agents' obligation to indemnify the City under Section 2727.
   (d)   Proof of Insurance. Before the Department issues a Permit, a Permittee shall furnish to the Department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of California and that are satisfactory to the City evidencing all coverages set forth in subsection (a) above.
   (e)   Self-Insurance. Where a Permittee is self-insured, and such insurance is no less broad and affords no less protection to the City than the requirements specified in subsection (a) above, the Department, in consultation with the City's Risk Manager, may accept such insurance as satisfying the requirements of subsection (a) above. Evidence of such self-insurance shall be provided in the manner required by the City's Risk Manager.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2729.  CITY DEPARTMENT FEES AND COSTS.
   (a)   In General. City departments shall impose fees for their review of an Application for a Surface-Mounted Facility Site Permit, which for purposes of this Section includes their review of an Applicant's Preferred Location List. The purpose of these fees is to enable City departments to recover their costs related to reviewing an Application or Preferred Location List.
   (b)   Fees for Review of Preferred Location Lists.
      (1)   The Department shall require a non-refundable fee of $150 for the Department's review of the Preferred Location List.
      (2)   The Planning Department shall require a non-refundable fee of $286 for the Planning Department's review of each location on the Preferred Location List.
      (3)   The Recreation and Park Department shall require a non-refundable fee of $396 for the Recreation and Park Department's review of a Preferred Location List.
      (4)   In the event a hearing is required following an Applicant's submission of a Preferred Location List to the Department, the Applicant shall pay Department a non-refundable hearing fee of $150 for each hearing.
   (c)   Application Fee. Each Applicant shall pay to the Department a non-refundable Application fee of $150.
   (d)   Inspection Fee. Each Permittee shall pay the Department a non-refundable time and materials inspection fee not to exceed $500 to inspect a permitted Surface-Mounted Service Facility as required under Section 2720(b).
   (e)   Adjustment of Fees for CPI. Beginning with fiscal year 2015-2016, the fees established herein may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index ("CPI") (as determined by the Controller). No later than April 15th of each year, the Director shall submit the current fee schedule to the Controller, who shall apply the CPI adjustment to produce a new fee schedule for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee and certifying that the fees produce sufficient revenue to support the costs of providing the services for which the for a Surface-Mounted Facility Site Permit fee is charged and that the fees do not produce revenue that exceeds the costs of providing the services for which each Permit fee is charged.
   (f)   Discretion to Require Additional Fees. In instances where the review of a Preferred Location List or Application is or will be unusually costly to the Department or to other City departments, the Director, in his or her discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions, require an Applicant to pay a sum in excess off he amounts charged pursuant to this Section. This additional sum shall be sufficient to recover actual costs incurred by the Department and/or other City departments, agencies, boards, or commissions, in connection with an Application and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide to the Applicant in writing the basis for the additional fees and an estimate of the additional fees.
   (g)   Deposit of Fees. All fees paid to the Department for Surface-Mounted Facility Site Permits shall be deposited in the Public Works Excavation Fund established by Administrative Code Section 10.100-230. All other fees shall go directly to the appropriate City department.
   (h)   Reimbursement of City Costs. A City department may determine that it requires the services of a technical expert in order to evaluate an Application, which for purposes of this Section includes the City department's review of an Applicant's Preferred Location List. In such case, the Department shall not approve the Application unless the Applicant agrees to reimburse the applicable City department for the reasonable costs incurred by that department for the services of a technical expert.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2730.  DEPARTMENT MEETINGS AND TECHNOLOGICAL ADVANCEMENTS.
   (a)   Department Meetings. Once a year, the Department will convene a meeting with Persons who submitted Applications for Surface-Mounted Facility Site Permits in the past two years to discuss issues related to the permitting and construction of Surface-Mounted Facilities in the Public Right-of-Ways. The Department shall also invite to the meeting other interested Persons including, but not limited to, any equipment vendors, technology experts, and design professionals that the Department knows or has reason to know have expertise or interest in the equipment or cabinets used for Surface-Mounted Facilities or the requirements of this Article 27. The Department will also post a public notice of the meetings. At such meetings, the Department will discuss technological advancements, Graffiti and blight abatement, and the efficacy of community outreach conducted by the Applicants.
   (b)   Technological Advancements. Should the Department determine that advances in technology have made it both economically and technologically feasible for Permittees to place existing Surface-Mounted Facilities underground, the Department shall require that any Surface-Mounted Facility the Department permitted under this Article be placed underground unless the Department determines that doing so would be either infeasible or undesirable. The Department shall notify a Permittee of this determination in writing and shall provide the Permittee with reasonable time to comply with the undergrounding requirement.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2731.  SEVERABILITY.
   If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article 27 or any part thereof: is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article 27 or any part thereof The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivision paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)
SEC. 2732.  DEPARTMENT OF PUBLIC WORKS REPORTING REQUIREMENT.
   (a)   Beginning on September 1, 2019, and by September 1 of every other year thereafter, the Department shall submit a report (the “Department Report”) to the Board of Supervisors and the Mayor concerning the applications for Surface-Mounted Facility Site Permits submitted during the prior two-year period and maintenance of existing Surface-Mounted Facilities.
   (b)   For each application, the Department Report shall contain the following information: (1) the number of applications submitted by applicant; (2) the proposed location of the Surface-Mounted Facility set forth in each application; (3) whether those applications were protested; (4) the results of all such protests; (5) whether the Department granted or denied those applications; (6) whether any Department determinations were appealed; and (7) the outcome of any such appeals. For each existing Surface-Mounted Facility, the Department Report shall also describe maintenance and graffiti abatement activities by the Permittee during the two-year period.
(Added by Ord. 198-17, File No. 170442, App. 10/5/2017, Eff. 11/4/2017)