(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.