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(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.
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.
(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.
(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.
(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.
(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.
(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.
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