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(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.
(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.
(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.
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