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. | |
Department of Public Works Reporting Requirement. | |
(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.
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.
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.
(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.
(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.
(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.
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