(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.