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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 25:
PERSONAL WIRELESS SERVICE FACILITIES
 
Personal Wireless Service Facility Site Permit.
Department Orders and Regulations.
Definitions.
Initial Review of a Personal Wireless Facility Site Permit Application.
Conditions of Approval.
Street Tree.
Department of Public Health Review.
Department Review of a Personal Wireless Service Facility Site Permit Application.
Planning Department Review of a Tier A or Tier B Personal Wireless Service Facility Site Permit Application.
Recreation and Park Department Review of a Tier C Personal Wireless Service Facility Site Permit Application.
Final Determination.
Notice of Final Determination.
Appeals.
Notice of Completion and Inspection.
Compliance.
Abandonment.
Term of Permit.
Renewal and New Applications.
Replacement or Removal of Equipment.
Modification Permit.
Deposit.
Liability.
Indemnification and Defense of City.
Insurance.
Fees and Costs.
Severability.
Base Station Determination.
 
SEC. 1500.  PERSONAL WIRELESS SERVICE FACILITY SITE PERMIT.
   (a)   Personal Wireless Service Facility Site Permit Required. The Department shall require any Person seeking to construct, install, or maintain a Personal Wireless Service Facility in the Public Rights-of-Way to obtain a Personal Wireless Service Facility Site Permit.
   (b)   Minimum Permit Requirements.
      (1)   The Department shall not issue a Personal Wireless Service Facility Site Permit if the Application for a Personal Wireless Service Facility Site Permit does not comply with all of the requirements of this Article 25.
      (2)   The Department shall require an Applicant for a Personal Wireless Service Facility Site Permit to demonstrate to the satisfaction of the Department that:
         (A)   The Department has issued the Applicant a Utility Conditions Permit as required by San Francisco Administrative Code Section 11.9;
         (B)   The pole owner has authorized the Applicant to use or replace the Utility Pole identified in the Application; and
         (C)   The Applicant has obtained any approvals that may be required under the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) to construct, install, and maintain the proposed Personal Wireless Service Facility.
   (c)   Permit Prohibited. The Department shall not issue a Personal Wireless Service Facility Site Permit if the Applicant seeks to:
      (1)   Install a new Utility Pole on a Public Right-of-Way where there presently are no overhead utility facilities; or
      (2)   Add a Personal Wireless Service Facility on a Utility Pole for which a Personal Wireless Service Facility Site Permit has already been approved.
   (d)   Permit Conditions. The Department may include in a Personal Wireless Service Facility Site Permit such conditions, in addition to those already set forth in this Article 25 and other Applicable Law, as may be required to govern the construction, installation, or maintenance of Personal Wireless Service Facilities in the Public Rights-of-Way, and to protect and benefit the public health, safety, welfare, and convenience, provided that no such conditions may concern the particular technology used for a Personal Wireless Service Facility.
   (e)   Installation of Cabinets or Vaults in the Public Rights-of-Way. The Department shall not include in a Personal Wireless Service Facility Site Permit an authorization for the Permittee to install a surface-mounted equipment cabinet or underground equipment vault in the Public Rights-of-Way. In order to install such an equipment cabinet or vault in the Public Rights-of-Way for use with a Personal Wireless Service Facility, a Permittee must fully comply with any other City permitting requirements related to the installation of such facilities.
   (f)   Other Provisions Inapplicable. Notwithstanding the requirements of San Francisco Business and Tax Code Sections 5, 6, and 26(a), the provisions of this Article 25 shall govern all actions taken by the City with respect to the approval or denial of an Application for a Personal Wireless Service Facility Site Permit under this Article 25.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1501.  DEPARTMENT ORDERS AND REGULATIONS.
   (a)   The Department may adopt such orders or regulations as it deems necessary to implement the requirements of this Article 25, or to otherwise preserve and maintain the public health, safety, welfare, and convenience, as are consistent with this requirements of this Article 25 and Applicable Law.
   (b)   The Department shall work with the Planning Department and Recreation and Park Department to adopt regulations or orders establishing initial Objective Standards for the Department to use to determine whether a proposed Personal Wireless Service Facility satisfies the applicable Tier A, B, or C Compatibility Standard. The Department may by order or regulation modify the initial Objective Standards when necessary to, among other things, approve additional or different equipment, designs, or configurations that the Department determines also satisfy the applicable Tier A, B, or C Compatibility Standards.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1502.  DEFINITIONS.
   For purposes of this Article 25, the following terms, phrases, words, abbreviations, their derivations, and other similar terms, when capitalized, shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; and words in the singular number include the plural number.
   "Adjacent" means:
   (a)   On the same side of the street and in front of the building or the next building on either side, when used in connection with a national historic landmark, California landmark, San Francisco landmark, structure of merit, architecturally significant building, or locally significant building; and
   (b)   In front of and on the same side of the street, when used in connection with a City park or open space.
   “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 submitting an Application for a Personal Wireless Service Facility Site Permit or Modification Permit under this Article 25.
   "Application" means an application for a Personal Wireless Service Facility Site Permit or Modification Permit under this Article 25.
   "Base Station" shall have the meaning determined by the Department in an order or regulation, provided that the Department's definition shall be consistent with the definition of that term: (a) as it is used in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a) as may be amended from time to time; and (b) as it is defined by the FCC in any decision addressing that section or any regulation implementing that section.
   "City" means the City and County of San Francisco.
   "Conditions" means any additional requirements that a City department reviewing an Application for a Personal Wireless Service Facility Site Permit has determined are necessary for the Application to comply with those requirements of this Article 25 that are within that department's purview, provided that no such Conditions may include a requirement that an Applicant use a particular technology for a Personal Wireless Service Facility.
   "Department" means the Department of Public Works.
   "Director" means the Director of Public Works.
   “Disfavored Design” means any design for a Personal Wireless Service Facility that is identified in the Objective Standards as disfavored.
   "Eligible Facilities Request" shall have the meaning determined by the Department in an order or regulation, provided that the Department's definition shall be consistent with the definition of that term: (a) as it is used in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a) as may be amended from time to time; and (b) as it is defined by the FCC in any decision addressing that section or any regulation implementing that section.
   "FCC" means the Federal Communications Commission.
   "Modification Permit" means a Permit issued by the Department pursuant to Section 1522 below, authorizing a Permittee to modify equipment installed on a Utility Pole by the Permittee pursuant to a Personal Wireless Service Facility Site Permit.
   “Objective Standards” means standards to determine whether a proposed Personal Wireless Service Facility satisfies the applicable Tier A, B, or C Compatibility Standard based on factors that are quantifiable, measurable, and verifiable.
   "Park Protected Location" means a proposed location for a Personal Wireless Service Facility in the Public Rights-of-Way that is Adjacent to a City park or open space.
   “Park Protected Location Compatibility Standard” means whether a Personal Wireless Service Facility that is proposed to be located in a Park Protected Location would significantly impair the views of a City park or open space or significantly degrade or detract from the aesthetic or natural attributes that define the City park or open space.
   "Permittee" means a Person issued a Personal Wireless Service Facility Site Permit.
   "Person" means any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. "Person" shall not include the City.
   "Personal Wireless Service" means commercial mobile services provided under a license issued by the FCC.
   "Personal Wireless Service Facility" or "Facility" means antennas and related facilities used to provide or facilitate the provision of Personal Wireless Service.
   "Personal Wireless Service Facility Site Permit" or "Permit" means a permit issued by the Department pursuant to this Article 25 authorizing a Permittee to construct, install, and maintain a Personal Wireless Service Facility.
   “Planning Protected Location” means any of the following proposed locations for a Personal Wireless Service Facility:
   (a)   On an historic, historically or architecturally significant, decorative, or specially designed Utility Pole located in the Public Rights-of-Way;
   (b)   On a Utility Pole that is on a Public Right-of-Way that is within 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, or locally significant district, as more specifically described and cataloged in materials prepared and maintained by the Planning Department;
   (c)   On a Utility Pole that is on a Public Right-of-Way that is Adjacent to a national historic landmark, California landmark, San Francisco landmark, structure of merit, architecturally significant building, or locally significant building, as more specifically described and cataloged in materials prepared and maintained by the Planning Department;
   (d)   On a Utility Pole that is on a Public Right-of-Way that the General Plan has designated as being most significant to City pattern, defining City form, or having an important street view for orientation; or
   (e)   On a Utility Pole that is on a Public Right-of-Way that the General Plan has designated as having views that are rated “excellent” or “good.”
   “Planning Protected Location Compatibility Standard” means whether an Applicant for a Personal Wireless Service Facility Site Permit demonstrates that a proposed Personal Wireless Service Facility would be compatible with any of the Planning Protected Locations as follows:
   (a)   For a historic, historically or architecturally significant, decorative, or specially designed Utility Pole, the applicable standard is whether a proposed Personal Wireless Service Facility would significantly degrade or detract from the aesthetic attributes that distinguish the Utility Pole as historic, historically significant, architecturally significant, decorative, or specially designed.
   (b)   For a Public Right-of-Way that is within 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, or locally significant district, the applicable standard is whether a proposed Personal Wireless Service Facility would significantly degrade or detract from the aesthetic attributes that were the basis for the special designation of the district.
   (c)   For a Utility Pole that is Adjacent to a national historic landmark, California landmark, San Francisco landmark, structure of merit, architecturally significant building, or locally significant building, the applicable standard is whether a proposed Personal Wireless Service Facility would significantly degrade or detract from the aesthetic attributes that were the basis for the special designation of the building.
   (d)   For a Public Right-of-Way that the General Plan has designated as being most significant to City pattern, defining City form, or having an important street view for orientation, the applicable standard is whether a proposed Personal Wireless Service Facility would significantly degrade or detract from the aesthetic attributes that were the basis for the designation of the street for special protection under the General Plan.
   (e)   For a Public Right-of-Way that the General Plan has designated as having views that are rated “excellent” or “good,” the applicable standard is whether a proposed Personal Wireless Service Facility would significantly impair the views of any of the important buildings, landmarks, open spaces, or parks that were the basis for the designation of the street as a view street.
   “Public Health Compliance Standard” means whether: (a) any potential human exposure to radio frequency emissions from a proposed Personal Wireless Service Facility described in an Application is within the FCC guidelines; and (b) noise at any time of the day or night from the proposed Personal Wireless Service Facility described in an Application is not greater than 45 dBA as measured at a distance three feet from any residential building facade.
   “Public Rights-of-Way” 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 and which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining Personal Wireless Service Facility to provide Personal Wireless Service to customers.
   “Replace” means to remove previously permitted equipment and install new equipment at a permitted Personal Wireless Service Facility that is identical in size or smaller than the previously permitted equipment.
   “Substantially Change the Physical Dimensions” shall have the meaning determined by the Department in an order or regulation, provided that the Department’s definition shall be consistent with the definition of that term: (a) as it is used in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a) as may be amended from time to time; and (b) as it is defined by the FCC in any decision addressing that section or any regulation implementing that section.
   “Tier A Compatibility Standard” means that an Applicant for a Personal Wireless Service Facility on a Public Right-of-Way that is within an Unprotected Location has demonstrated that the proposed Personal Wireless Service Facility would not significantly detract from any of the defining characteristics of the neighborhood.
   “Tier A Personal Wireless Service Facility” means a Personal Wireless Service Facility where the proposed location for the facility is in an Unprotected Location.
   “Tier B Compatibility Standard” means that an Applicant for a Personal Wireless Service Facility on a Public Right-of-Way that is either within or Adjacent to a Planning Protected Location or Zoning Protected Location has demonstrated that the proposed Personal Wireless Service Facility satisfies the applicable Planning Protected Location Compatibility Standard or Zoning Protected Location Compatibility Standard.
   “Tier B Personal Wireless Service Facility” means a Personal Wireless Service Facility where the proposed location for the facility is in a Planning Protected Location or Zoning Protected Location.
   “Tier C Compatibility Standard” means that an Applicant for a Personal Wireless Service Facility on a Public Right-of-Way that is either within or Adjacent to a Park Protected Location has demonstrated that the proposed Personal Wireless Service Facility satisfies the applicable Park Protected Location Compatibility Standard.
   “Tier C Personal Wireless Service Facility” means a Personal Wireless Service Facility where the proposed location for the facility is in a Park Protected Location.
   “Transmission Equipment” shall have the meaning determined by the Department in an order or regulation, provided that the Department’s definition shall be consistent with the definition of that term: (a) as it is used in Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a) as may be amended from time to time; and (b) as it is defined by the FCC in any decision addressing that section or any regulation implementing that section.
   “Unprotected Location” means a proposed location for a Personal Wireless Service Facility that is neither a Planning Protected, Zoning Protected,, Zoning Protected Location,1 nor Park Protected Location.
   “Utility Pole” means a power pole, telephone pole, or other similar pole subject to California Public Utilities Commission General Order 95, and located within the Public Rights-of-Way.
   “Zoning Protected Location” means on a Utility Pole that is on a Public Right-of-Way that is within a Residential or Neighborhood Commercial zoning district under the Planning Code.
   “Zoning Protected Location Compatibility Standard” means that an Applicant for a Personal Wireless Service Facility Site Permit on a Public Right-of-Way that is within a Zoning Protected Location has demonstrated that the proposed Personal Wireless Service Facility would not significantly detract from any of the defining characteristics of the Residential or Neighborhood Commercial zoning district.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
CODIFICATION NOTE
1.   So in Ord. 190-19.
SEC. 1503.  [REPEALED.]
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; repealed by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015)
SEC. 1504.  INITIAL REVIEW OF A PERSONAL WIRELESS FACILITY SITE PERMIT APPLICATION.
   (a)   Completeness Review.
      (1)   Initial Determination. Following receipt of an Application for a Personal Wireless Service Facility Site Permit, the Department shall make an initial determination whether the Application is complete.
      (2)   Notice of Completeness Determination. The Department shall promptly notify an Applicant for a Personal Wireless Service Facility whether the Application is complete.
   (b)   Tier Review.
      (1)   Initial Determination. Following a Department determination that an Application for a Personal Wireless Service Facility Site Permit is complete, the Department shall make an initial determination whether the proposed Personal Wireless Service Facility is a Tier A, Tier B, or Tier C Personal Wireless Service Facility.
      (2)   Notice of Tier Determination. The Department shall promptly notify an Applicant for a Personal Wireless Service Facility of the Department's tier determination.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015)
SEC. 1505.  CONDITIONS OF APPROVAL.
   (a)   Conditions of Approval. Any City department reviewing an Application for a Personal Wireless Service Facility Site Permit, as required by this Article 25, may add Conditions to its approval, tentative approval, or determination.
   (b)   Conditions in Writing. Any Conditions that a City department includes in its approval, tentative approval, or determination with respect to an Application for a Personal Wireless Service Facility Site Permit shall be in writing.
   (c)   Notice of Conditions. The Department shall promptly notify the Applicant of any such Conditions and shall give the Applicant a reasonable time to accept or reject the Conditions.
   (d)   Acceptance of Conditions Required. The Department shall not approve an Application for a Personal Wireless Service Facility Site Permit unless the Applicant accepts all of the Conditions added to an approval, tentative approval, or determination by any City department that reviewed the Application.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1506.  STREET TREE.
   (a)   Condition of Approval. When reviewing an application for a Personal Wireless Service Facility Site Permit, the Department, the Planning Department, and/or Recreation and Park Department (as appropriate) may require as a Condition of approval that the Permittee plant and maintain an appropriate street tree adjacent to the Utility Pole so as to provide a screen for a permitted Personal Wireless Service Facility Site Permit.
   (b)   Implementation of Street Tree Requirement. When installation of a street tree is required by the Department, the Planning Department, and/or Recreation and Park Department, the Department shall implement the requirement as follows:
      (1)   The Department shall require the Permittee to install a street tree that is a minimum of twenty-four (24)-inch box size. The Department's Bureau of Urban Forestry shall work with the Permittee to select the appropriate species and location for the required tree.
      (2)   In any instance in which the Department cannot require the Permittee to install a street tree, 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 make an "in-lieu" payment into the Department's "Adopt-A-Tree" fund. This payment shall be in the amount specified in Public Works Code Section 807(f), and shall be payable prior to the Department's issuance of the Personal Wireless Service Facility Site Permit.
   (c)   Care and Maintenance of Street Trees. The Permittee shall be responsible for the care and maintenance of any street tree required to be installed in the Public Rights-of-Way under this Section 1506. In this regard, the Permittee shall assume the duty of a "property owner" as set forth in Public Works Code Section 805.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1507.  DEPARTMENT OF PUBLIC HEALTH REVIEW.
   (a)   Department of Public Health Referral. The Department shall refer every Application for a Personal Wireless Service Facility Site Permit to the Department of Public Health for review of the proposed Personal Wireless Service Facility under the Public Health Compliance Standard.
   (b)   Department of Public Health Determination. The Department of Public Health shall make a determination whether the Application satisfies the Public Health Compliance Standard. The determination of the Department of Public Health shall be in writing and shall set forth the reasons therefor. The Department of Public Health shall transmit its determination to the Department within 10 business days of receipt of the Application from the Department. With the concurrence of the Applicant, the Department of Public Health may extend this review period beyond 10 business days.
   (c)   Affirmative Determination Required. The Department shall not approve an Application for a Personal Wireless Service Facility Site Permit unless the Department of Public Health makes a determination that the Application satisfies the Public Health Compliance Standard.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1508.  DEPARTMENT REVIEW OF A PERSONAL WIRELESS SERVICE FACILITY SITE PERMIT APPLICATION.
   The Department shall review an Application for a Personal Wireless Service Facility Site Per- mit to determine whether the Application:
   (a)   Receives an affirmative determination from the Department of Public Health under the Public Health Compliance Standard; and
   (b)   Meets the applicable Tier A, Tier B, or Tier C Compatibility Standard based on the Department’s application of the Objective Standard; or
   (c)   Must be referred to the Planning Department and/or the Recreation and Park Department for additional review because: (1) the Objective Standards have not been adopted; (2) the proposed Personal Wireless Service Facility is a Disfavored Design; or (3) the Application did not meet the applicable Tier A, Tier B, or Tier C Compatibility Standard based on the Department’s application of the Objective Standards, but the Application may still comply with the applicable Tier A, Tier B, or Tier C Compatibility Standard..1
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
CODIFICATION NOTE
1.   So in Ord. 190-19.
SEC. 1509.  PLANNING DEPARTMENT REVIEW OF A TIER A OR TIER B PERSONAL WIRELESS SERVICE FACILITY SITE PERMIT APPLICATION.
   (a)   Referral to Planning Department Required.
      (1)   Until such time as the Department has adopted Objective Standards, the Department shall refer an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit to the Planning Department for a review of the proposed Personal Wireless Service Facility under the applicable Tier A or Tier B Compatibility Standard.
      (2)   After the Department has adopted Objective Standards, the Department shall refer an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit to the Planning Department for additional review under the applicable Tier A or Tier B Compatibility Standard if: (A) the proposed Personal Wireless Service Facility does not meet the Tier A or Tier B Compatibility Standard based on the Department’s application of the Objective Standards; or (B) the proposed Personal Wireless Service Facility is a Disfavored Design.
   (b)   Planning Department Determination. If the Department has referred an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit to the Planning Department, the Planning Department shall make a determination whether the Application satisfies the applicable Tier A or Tier B Compatibility Standard. The Planning Department’s determination shall be in writing and shall set forth the reasons therefor. The Planning Department shall transmit its determination to the Department within 10 business days of receipt of the Application from the Department. With the concurrence of the Applicant, the Planning Department may extend this review period beyond 10 business days.
   (c)   Affirmative Determination Required. The Department shall not approve an Application for a Tier A or Tier B Personal Wireless Service Facility Site Permit that has been referred to the Planning Department unless the Planning Department makes a determination that the Application satisfies the applicable Tier A or Tier Tier1 B Compatibility Standard.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
CODIFICATION NOTE
1.   So in Ord. 190-19.
SEC. 1510.  RECREATION AND PARK DEPARTMENT REVIEW OF A TIER C PERSONAL WIRELESS SERVICE FACILITY SITE PERMIT APPLICATION.
   (a)   Referral to Recreation and Park Department Required.
      (1)   Until such time as the Department has adopted Objective Standards, the Department shall refer an Application for a Tier C Personal Wireless Service Facility Site Permit to the Recreation and Park Department for a review of the proposed Personal Wireless Service Facility under the Tier C Compatibility Standard.
      (2)   After the Department has adopted Objective Standards, the Department shall refer an Application for a Tier C Personal Wireless Service Facility Site Permit to the Recreation and Park Department for additional review under the Tier C Compatibility Standard if: (A) the proposed Personal Wireless Service Facility does not meet the Tier C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) the proposed Personal Wireless Service Facility is a Disfavored Design.
   (b)   Recreation and Park Department Determination. If the Department has referred an Application for a Tier C Personal Wireless Service Facility Site Permit to the Recreation and Park Department, the Recreation and Park Department shall make a determination whether the Application satisfies the Tier C Compatibility Standard. The Recreation and Park Department’s determination shall be in writing and shall set forth the reasons therefor. The Recreation and Park Department shall transmit its determination to the Department within 10 business days of receipt of the Application from the Department. With the concurrence of the Applicant, the Recreation and Park Department may extend this review period beyond 10 business days.
   (c)   Affirmative Determination Required. The Department shall not approve an Application for a Tier C Personal Wireless Service Facility Site Permit that has been referred to the Recreation and Park Department unless the Recreation and Park Department makes a determination that the Application satisfies the Tier C Compatibility Standard.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; section title amended by Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1511.  FINAL DETERMINATION.
   (a)   Determination in Writing. The Department’s final determination to approve or deny an Application for a Personal Wireless Service Facility Site Permit shall be in writing and shall set forth the reasons therefor. If the Department’s final determination to approve an Application contains any Conditions imposed by any City department that reviewed the Application, the Conditions shall also be in writing.
   (b)   Denial. The Department shall issue a final determination denying an Application for a Personal Wireless Service Facility Site Permit within three business days of any of the following events:
      (1)   The Department’s receipt of a determination from the Department of Public Health that the Application does not satisfy the Public Health Compliance Standard;
      (2)   (A) The Department’s determination that the Application does not meet the applicable Tier A, B, or C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) where applicable, the Department’s receipt of a determination from the Planning Department or the Recreation and Park Department that the Application does not meet the applicable Tier A, B, or C Compatibility Standard; or
      (3)   If any City department reviewing the Application adds any Conditions to its approval of the Application, the Department’s receipt of a notice from the Applicant that it rejects any of those Conditions.
   (c)   Approval. The Department shall issue a final approval of an Application within three business days of the occurrence of the last of the following events:
      (1)   The Department’s receipt of a determination from the Department of Public Health that the Application complies with the Public Health Compliance Standard;
      (2)   (A) The Department’s determination that the Application meets the applicable Tier A, B, or C Compatibility Standard based on the Department’s application of the Objective Standards; or (B) where applicable, the Department’s receipt of a determination from the Planning Department or the Recreation and Park Department that the Application meets the applicable Tier A, B, or C Compatibility Standard; and
      (3)   If applicable, the Department’s receipt of a notice from the Applicant that it accepts any Conditions imposed by any City department that reviewed the Application.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1512.  [REPEALED.]
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; repealed by Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1513.  [REPEALED.]
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; repealed by Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1514.  NOTICE OF FINAL DETERMINATION.
   (a)   Notice of Approval. The Applicant shall provide notice to the general public of a final determination to approve an Application for a Personal Wireless Service Facility Site Permit.
      (1)   Types of Notice Required.
         (A)   The Applicant shall promptly mail a copy of the Department’s final determination to approve an Application for a Personal Wireless Service Facility Site Permit to: (i) any Person who owns property that is within 300 feet of the approved location for the Personal Wireless Service Facility; (ii) any Person who is a tenant in any residential property that is within 300 feet of the approved location for the Personal Wireless Service Facility; (iii) any neighborhood association identified by the Planning Department for any neighborhood that is within 600 feet of the approved location for the Personal Wireless Service Facility; and (iv) the member of the Board of Supervisors who represents the district in which the approved Personal Wireless Service Facility would be located.
         (B)   The Applicant shall promptly post notice of the Department’s final determination to approve an Application for a Personal Wireless Service Facility Site Permit on the Utility Pole to be used for the proposed Personal Wireless Service Facility and on a minimum of four other Utility Poles, other poles, or other conspicuous places located within 300 feet of the approved location for the Personal Wireless Service Facility. The Applicant shall provide the Department with such evidence of compliance with this requirement.
      (2)   Contents and Form of Notice. A notice of final determination to approve an Application for a Personal Wireless Service Facility Site Permit shall contain such information, and be in such form, as the Department reasonably requires in order to inform the general public of the approved Application. At a minimum, the notice of final determination shall:
         (A)   Provide a description and a photo-simulation of the approved Personal Wireless Service Facility;
         (B)   Summarize the determinations of the City departments that were necessary for the approval of the Application, including any Conditions added by any City departments that were accepted by the Applicant;
         (C)   State that any Person may file an appeal of the approval of the Application with the Board of Appeals within 15 days after the date that all notices required by Section 1514(a) above have been provided;
         (D)   Describe the procedure for submitting a timely appeal;
         (E)   Specify the applicable grounds for appealing the approval of the Application set forth in Section 15301 below; and
         (F)   Explain how any interested Person may obtain additional information and documents related to the Permit.
   (b)   Notice of Denial. The Department shall provide notice of a final determination to deny an Application for a Personal Wireless Service Facilities Site Permit.
      (1)   Type of Notice Required. The Department shall promptly mail a notice of final determination to deny an Application for a Personal Wireless Service Facility Site Permit to the Applicant.
      (2)   Contents of Notice. A notice of final determination to deny an Application for a Personal Wireless Service Facility Site Permit shall at a minimum:
         (A)   Summarize the determinations of any City departments that were necessary for the denial of the Application, including any Conditions added by any City departments that were rejected by the Applicant.
         (B)   State that the Applicant may file an appeal of the denial of the Application with the Board of Appeals within 15 days of the Department’s mailing of the notice.
         (C)   Describe the procedure for submitting a timely appeal; and
         (D)   Specify the applicable grounds for appealing the denial of the Application set forth in Section 1530 1 below.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
CODIFICATION NOTE
1.   So in Ord. 190-19.
SEC. 1515.  APPEALS.
   (a)   Appeal Permitted. Any Person may appeal a Department final determination with respect to an Application for a Personal Wireless Service Facility Site Permit to the Board of Appeals.
   (b)   Final Determination.
      (1)   Approval or Denial. The Department's approval or denial of an Application for a Personal Wireless Service Facility Site Permit shall be an appealable final determination under this Section.
      (2)   Refusal To Accept Conditions. The Department's denial of an Application for a Personal Wireless Service Facility Site Permit based on the Applicant's refusal to accept any Conditions imposed by a City department shall be an appealable final determination under this Section.
   (c)   Board of Appeals Review. Upon such appeal, the Board of Appeals shall determine whether the final determination was correct under the provisions of this Article 25.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1516.  NOTICE OF COMPLETION AND INSPECTION.
   (a)   Notice of Completion. A Permittee shall notify the Department immediately upon completion of the installation of a Personal Wireless Service Facility. The notice of completion must include a written statement from a certified engineer confirming that the permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
   (b)   Inspection.
      (1)   Required After Installation. The Department shall inspect a Personal Wireless Service Facility installed in the Public Rights-of-Way within a reasonable time after a Permittee provides the Department with a notice of completion required under Section 1516(a) above. The Department shall determine during the inspection whether:
         (A)   The installation is in accordance with the requirements of the Personal Wireless Service Facility Site Permit; and
         (B)   The permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
      (2)   Subsequent Inspection. If at any time the Department has a valid reason to believe that a permitted Personal Wireless Service Facility does not comply with the Public Health Compliance Standard, the Department shall require the Permittee to provide additional proof of compliance with the Public Health Compliance Standard. The Department may also request that the Department of Public Health inspect the facility.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1517.  COMPLIANCE.
   (a)   Compliance Required. Any Personal Wireless Service Facility installed in the Public Rights-of-Way pursuant to a Personal Wireless Service Facility Site Permit issued under this Article 25 must comply with the terms and conditions of the Permit and this Article 25.
   (b)   Notice of Deficiency.
      (1)   Non-Compliance with Permit. If the Department determines, either after an inspection required under Section 1516(b) above or at any other time, that a Personal Wireless Service Facility is not in compliance with the Personal Wireless Service Facility Site Permit or this Article 25, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance.
      (2)   Radio Frequency Emissions. If the Department determines, either after an inspection required under 1515(b) above or at any other time, that potential human exposure to radio frequency emissions from a permitted Personal Wireless Service Facility exceeds FCC guidelines, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with FCC guidelines.
      (3)   Noise. If the Department determines, either after an inspection required under 1516(b) above or at any other time, that noise from a permitted Personal Wireless Service Facility at any time of the day or night exceeds forty-five (45) dBA as measured at a distance three (3) feet from any residential building facade, the Department shall issue a notice of deficiency and require the Permittee to take corrective action to bring the Personal Wireless Service Facility into compliance with the noise limit.
   (c)   Department Remedies.
      (1)   Required Action. If a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department shall:
         (A)   Take all reasonable, necessary, and appropriate action to remedy a Permittee's non-compliance; or
         (B)   Require a Permittee to remove the non-compliant Personal Wireless Service Facility from the Public Rights-of-Way; and
         (C)   Charge to a Permittee the reasonable costs that the City has actually incurred including, but not limited to, administrative costs.
      (2)   Discretionary Action. In addition to the foregoing, if a Permittee fails to take corrective action with respect to a Personal Wireless Service Facility within a reasonable time after receiving a notice of deficiency the Department may deny any pending Application for a Personal Wireless Service Facility Site Permit.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1518.  ABANDONMENT.
   (a)   Permittee Must Maintain Facilities. Any Personal Wireless Service Facility installed in the Public Rights-of-Way pursuant to a Personal Wireless Service Facility Site Permit issued under this Article 25 must be properly maintained and used to provide Personal Wireless Services.
   (b)   Notice of Abandonment. A Permittee shall notify the Department, or the Department may determine and notify a Permittee, that a Personal Wireless Service Facility installed in the Public Rights-of-Way has been abandoned either because it has not been properly maintained or because it is no longer being used to provide Personal Wireless Services. In such event, a Permittee shall promptly remove the abandoned Personal Wireless Service Facility as required by the Department and at Permittee's expense.
   (c)   Remedy for Non-Compliance. If a Permittee fails to remove an abandoned Personal Wireless Service Facility within a reasonable period of time after receiving a notice of abandonment, the Department shall take all reasonable, necessary, and appropriate action to remedy the Permittee's failure to comply with the notice (including removing the Personal Wireless Service Facility) and may charge to the Permittee the reasonable costs the City has actually incurred including, but not limited to, administrative costs.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1519.  TERM OF PERMIT.
   A Personal Wireless Service Facility Site Permit shall have a term of ten (10) years. The term shall commence upon the completion of the inspection required under Section 1516(b)(1) above.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015)
SEC. 1520.  RENEWAL AND NEW APPLICATIONS.
   (a)   When Permitted.
      (1)   Renewal Permitted. At the end of the term set forth in Section 1519 above, the Department may renew a Personal Wireless Service Facility Site Permit for an additional ten (10) year term, provided that the Department did not issue a Modification Permit for the permitted Personal Wireless Service Facility during the term of the Permit.
      (2)   Renewal Not Permitted.
         (A)   A Personal Wireless Service Facility that has been issued a Modification Permit may not be renewed. Instead, the Permittee may file a new Application for a Personal Wireless Service Facility Site Permit for the permitted and modified Personal Wireless Service Facility at the same location.
         (B)   A Personal Wireless Service Facility Site Permit that has been renewed once under Section 1520(a)(1) above may not be renewed for a second time. Instead, the Permittee may file a new Application for a Personal Wireless Service Facility Site Permit for the permitted Personal Wireless Service Facility at the same location.
   (b)   Renewal Application Required. A Permittee seeking to renew a Personal Wireless Service Facility Site Permit that may be renewed under Section 1520(a) above must file a renewal Application with the Department no later than six (6) months prior to the exiration date of the existing Permit. The renewal Application shall include a written report from a certified engineer confirming that the permitted Personal Wireless Service Facility complies with the Public Health Compliance Standard.
   (c)   Approval of Renewal Application.
      (1)   Department of Public Health Approval Required. The Department shall refer every Application to renew a Personal Wireless Service Facility Site Permit to the Department of Public Health for review under the Public Health Compliance Standard. The Department shall approve a timely-filed renewal Application unless the Department of Public Health determines that the permitted  Personal Wireless Service Facility does not comply with the Public Health Compliance Standard.
      (2)   Applicability of Other Provisions of this Article. The other provisions of this Article 25 related to approval of an Application for a Personal Wireless Service Facility Site Permit shall not apply to the Department's review of a renewal Application . These provisions shall include, but are not limited to, Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above).
   (d)   New Application.
      (1)   Required When Renewal Not Permitted. If, in accordance with Section 1520(a)(2) above, a Personal Wireless Service Facility cannot be renewed, the Permittee must submit a new Application for a Personal Wireless Service Facility Site Permit in order to continue to maintain the permitted Personal Wireless Service Facility in the Public Rights-of-Way.
      (2)   Removal Not Required. Notwithstanding any other Applicable Law, if the Permittee submits an Application for a Personal Wireless Service Facility Site Permit no later than six (6) months prior to the expiration date of a previously issued Personal Wireless Facility Site Permit, the Department shall not require the Applicant to remove the permitted Personal Wireless Service Facility unless and until there is a final determination denying the Application. For purposes of this subsection (d)(2), a determination shall not be final until the Board of Appeals issues a final ruling on any appeal.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015)
SEC. 1521.  REPLACEMENT OR REMOVAL OF EQUIPMENT.
   (a)   Replacement. During the term of a Personal Wireless Service Facility Site Permit, a Permittee may Replace equipment that is part of a permitted Personal Wireless Service Facility without obtaining a Modification Permit.
   (b)   Removal. During the term of a Personal Wireless Service Facility Site Permit, a Permittee may remove equipment that is part of a permitted Personal Wireless Service Facility without obtaining a Modification Permit.
   (c)   Department Procedures.
      (1)   Permittee's Notification. A Permittee shall notify the Department in writing that it intends to Replace or remove equipment at a permitted Personal Wireless Service Facility as permitted by this Section 1521. In the notice, the Permittee shall at a minimum:
         (A)   Identify the use and size of each piece of equipment that the Permittee is seeking to remove from the Utility Pole;
         (B)   Identify the use and size of the equipment that the Permittee is seeking to install on the Utility Pole to Replace existing equipment; and
         (C)   If any new equipment will Replace existing equipment, provide drawings and photo-simulations of the existing and new equipment the Permittee is seeking to install on the Utility Pole.
      (2)   Department Notification. Within five (5) business days of receipt of the Permittee's request to Replace or remove equipment as described above, the Department shall notify the Permittee in writing whether the Department has determined that the request complies with the requirements of this Section 1521.
      (3)   Permittee Replacement or Removal. Upon receipt of a Department notice that the request complies with this Section 1521, the Permittee may Replace or remove the equipment identified in the request.
      (4)   Compliance with Other Requirements. Nothing in this Section 1521 shall be construed to relieve the Permittee of its duty to comply with any City regulations or permitting requirements when removing equipment from or Replacing Equipment on a Utility Pole.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
SEC. 1522.  MODIFICATION PERMIT.
   (a)   Modification Permit Required. A Permittee seeking to add equipment to a permitted Personal Wireless Service Facility that does not comply with the requirements of Section 1521 above, because the replacement equipment is not is1 identical in size or smaller than the previously permitted equipment, must obtain a Modification Permit.
   (b)   Department Procedures.
      (1)   Application. In an Application for a Modification Permit, the Applicant shall at a minimum:
         (A)   State whether the permitted Personal Wireless Service Facility is a Base Station;
         (B)   Identify the use and size of any piece of equipment that the Applicant is seeking to remove from the Utility Pole;
         (C)   Identify the use and size of any equipment that the Applicant is seeking to add to the Utility Pole;
         (D)   State whether any piece of equipment the Applicant is seeking to add to the Utility Pole is Transmission Equipment and, if so, explain why it meets the definition of Transmission Equipment;
         (E)   Provide drawings and photo-simulations of the existing and new equipment the Permittee is seeking to install on the Utility Pole; and
         (F)   State whether the proposed modification will result in a Substantial Change to the Physical Dimensions of the Utility Pole.
      (2)   Time for Department Determination. The Department shall by order or regulation establish the appropriate time frame for the Department to review an Application for a Modification Permit that is consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a), as may be amended from time to time, and with any FCC decision addressing that section or any FCC regulation implementing that section.
   (c)   Approval of Modification Permits at Base Stations.
      (1)   No Substantial Change to the Physical Dimension. The Department shall approve an Eligible Facilities Request for a Modification Permit if the installation of the modified Transmission Equipment would not Substantially Change the Physical Dimensions of the Utility Pole where the permitted Base Station equipment has been installed.
      (2)   Substantial Change to the Physical Dimensions. The Department may approve an Eligible Facilities Request for a Modification Permit if the installation of the modified Transmission Equipment would Substantially Change the Physical Dimensions of the Utility Pole where the permitted Base Station equipment has been installed, provided the Application complies with the requirements of Section 1522(e)(2) below.
      (3)   Equipment Other than Transmission Equipment. The Department may approve an Application for a Modification Permit at a Personal Wireless Service Facility that is a Base Station if the Application seeks to modify equipment other than Transmission Equipment, provided the Application complies with the requirements of Section 1522(e)(2) below.
   (d)   Approval of Modification Permits at Other Types of Facilities. The Department may approve an Application for a Modification Permit at a Personal Wireless Service Facility that is not a Base Station, provided the Application complies with the requirements of Section 1522(e)(2) below.
   (e)   Applicability of Other Provisions of this Article.
      (1)   No Substantial Change to the Physical Dimension. The other provisions of this Article 25 related to approval of an Application for a Personal Wireless Service Facility Site Permit shall not apply to the Department's review of an Application for a Modification Permit that complies with the requirements of Section 1522(c)(1) above. These provisions include, but are not limited to, Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above).
      (2)   Other Types of Modifications. Before approving an Application for a Modification Permit under Sections 1522(c)(2), (c)(3), and (d) above, the Department shall refer the Application to: (A) the Department of Public Health to determine compliance with the Public Health Compliance Standard; and (B) the Planning Department and/or Recreation and Park Department to determine compliance with any applicable Compatibility Standards. The Department may not approve the Modification Permit if any City department determines the Application does not comply with the appropriate standard. In addition, the Department may determine that compliance with other provisions of this Article 25, including Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above), shall be required.
   (f)   Generally Applicable Laws. Nothing in this Section 1522 shall prohibit the Department from denying an Application for a Modification Permit (even where the Application consists of an Eligible Facilities Request) where the Department determines that the proposed modified Personal Wireless Service Facility would violate any generally applicable building, structural, electrical, or safety code provision, or any Applicable Law codifying objective standards reasonably related to health and safety.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
CODIFICATION NOTE
1.   So in Ord. 18-15.
SEC. 1523.  DEPOSIT.
   Each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the Permittee and its agents under any and all Personal Wireless Service Facility Site Permits issued to the Permittee under this Article 25. The deposit shall be in the sum of twenty-five thousand dollars ($25,000) in favor of the "Department of Public Works, City and County of San Francisco." If, in accordance with this Article 25, the Director deducts any amounts from such a deposit, the Permittee must restore the full amount of the deposit prior to the Department's issuance of a subsequent Permit. The Department shall return the deposit to the Permittee should Permittee cease to operate any Personal Wireless Service Facilities in the Public Rights-of-Way.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1524.  LIABILITY.
   As a condition of a Personal Wireless Service Site Facility Site Permit, each Permittee agrees on its behalf and on behalf of any agents, successors, or assigns to be wholly responsible for the construction, installation, and maintenance of any permitted Personal Wireless Service Facility. Each Permittee and its agents are jointly and severally liable for all consequences of such construction, installation, and maintenance of a Personal Wireless Service Facility. The issuance of any Personal Wireless Service Facility Site Permit, inspection, repair suggestion, approval, or acquiescence of any person affiliated with the City shall not excuse any Permittee or its agents from such responsibility or liability.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1525.  INDEMNIFICATION AND DEFENSE OF CITY.
   (a)   Indemnification of City. As a condition of a Personal Wireless Service Site Facility Site Permit, each Permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind arising against the City as a result of the issuance of a Personal Wireless Service Facility Site Permit including, but not limited to, a claim allegedly arising directly or indirectly from the following:
      (1)   Any act, omission, or negligence of a Permittee or its any agents, successors, or assigns while engaged in the permitting, construction, installation, or maintenance of any Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way that are subject to the Permit for any reason connected in any way whatsoever with the performance of the work authorized by the Permit, or allegedly resulting directly or indirectly from the permitting, construction, installation, or maintenance of any Personal Wireless Service Facility authorized under the Permit;
      (2)   Any accident, damage, death, or injury to any of a Permittee's contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of the construction, installation, or maintenance of any Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way that are subject to the Permit, for any reason connected with the performance of the work authorized by the Permit, including from exposure to radio frequency emissions;
      (3)   Any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the construction, installation, or maintenance of any Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way that are subject to the Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and
      (4)   Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Rights-of-Way.
   (b)   Defense of the City. Each Permittee agrees that, upon the request of the City, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in Sections 1525(a) above, regardless of the alleged negligence of City or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Personal Wireless Service Facility Site Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Personal Wireless Service Facility Site Permit shall survive expiration of the Permit or completion of installation of any Personal Wireless Service Facility authorized by the Permit.
   (c)   Additional Requirements. The Department may specify in a Personal Wireless Service Facility Site Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee's construction, installation, and maintenance of a Personal Wireless Service Facility.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1526.  INSURANCE.
   (a)   Minimum Coverages. The Department shall require that each Permittee maintain in full force and effect, throughout the term of a Personal Wireless Service Facility Site Permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the City's Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the Permittee's operations, vehicles, and employees, as follows:
      (1)   Workers' compensation, in statutory amounts, with employers' liability limits not less than one million dollars ($1,000,000) each accident, injury, or illness.
      (2)   Commercial general liability insurance with limits not less than one million dollars ($1,000,000) each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations.
      (3)   Commercial automobile liability insurance with limits not less than one million dollars ($1,000,000) each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable.
      (4)   Contractors' pollution liability insurance, on an occurrence form, with limits not less than one million dollars ($1,000,000) each occurrence combined single limit for bodily injury and property damage and any deductible not to exceed twenty five thousand dollars ($25,000) each occurrence.
   (b)   Other Insurance Requirements.
      (1)   Said policy or policies shall include the City and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the City will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests.
      (2)   Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period.
      (3)   Said policy or policies shall be endorsed to provide thirty (30) days advance written notice of cancellation or any material change to the Department.
      (4)   Should any of the required insurance be provided under a claims-made form, a Permittee shall maintain such coverage continuously throughout the term of a Personal Wireless Service Facility Site Permit, and, without lapse, for a period of three (3) years beyond the expiration or termination of the Permit, to the effect that, should occurrences during the term of the Permit give rise to claims made after expiration or termination of the Permit, such claims shall be covered by such claims-made policies.
      (5)   Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified in Section 1526(a) above.
   (c)   Indemnity Obligation. Such insurance shall in no way relieve or decrease a Permittee's or its agent's obligation to indemnify the City under Section 1525 above.
   (d)   Proof of Insurance. Before the Department will issue a Personal Wireless Service Facility Site Permit, a Permittee shall furnish to the Department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of California and that are satisfactory to the City evidencing all coverages set forth in Section 1526 (a) above.
   (e)   Self-Insurance. Where a Permittee is self-insured, and such insurance is no less broad and affords no less protection to the City than the requirements specified in Section 1526(a) above, the Department, in consultation with the City's Risk Manager, may accept such insurance as satisfying the requirements of Section 1526(a) above. Evidence of such self-insurance shall be provided in the manner required by the City's Risk Manager.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1527.  FEES AND COSTS.
   (a)   Application Fees. City departments shall impose fees for review of an Application for a Personal Wireless Service Facility Site Permit. The purpose of these fees is to enable City departments to recover their costs related to reviewing an Application for a Personal Wireless Service Facility Site Permit.
      (1)   Department Application Fee. Each Applicant for a Personal Wireless Service Facility Site Permit shall pay to the Department a non-refundable fee of $450 for each application for a Personal Wireless Service Facility Site Permit.
      (2)   Other City Department Application Fees. Where, as required under this Article 25, the Department has referred an Application for a Personal Wireless Service Facility Site Permit to the Planning Department, the Recreation and Park Department, or the Department of Public Health, an Applicant shall pay the following additional fees for each Personal Wireless Service Facility contained in an Application for a Personal Wireless Service Facility Site Permit.
         (A)   A Planning Department non-refundable Application fee of $190 plus time and materials for any review that takes more than 30 minutes.
         (B)   A Recreation and Park Department non-refundable Application fee of $125 plus time and materials for any review that takes more than 30 minutes.
         (C)   A Department of Public Health non-refundable Application fee of $181 plus time and materials for any review that takes more than 60 minutes.
   (b)   Renewal Fees. A Permittee seeking to renew a Personal Wireless Service Facility Site Permit shall pay to: (1) the Department a non-refundable fee of $225; and (2) the Department of Public Health feess1 set forth in Section 1527(a)(2)(C) above.
   (c)   Modification Permit Fees. Each Applicant for a Modification Permit shall pay to: (1) the Department a non-refundable fee of $338; and (2) the Department of Public Health fees set forth in Section 1527(a)(2) above.
   (d)   Inspection Fees. The Department and the Department of Public Health shall impose fees for the inspection of a permitted Personal Wireless Service Facility. The purpose of these fees is to enable these City departments to recover their costs related to inspecting a permitted Personal Wireless Service Facility.
      (1)   Department Inspection Fee. Each Permittee shall pay the Department a non-refundable time and materials inspection fee not to exceed $150 to inspect a permitted Personal Wireless Service Facility as required under Section 1516(b) above.
      (2)   Department of Public Health Inspection Fee. Each Permittee shall pay the Department of Public Health a non-refundable time and materials inspection fee to inspect a permitted Personal Wireless Service Facility where such inspection is required or requested under Section 1516(b) above.
   (e)   Adjustment of Fees.
      (1)   CPI Adjustments. Beginning with fiscal year 2011-2012, the fees established herein may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index (“CPI”) (as determined by the Controller). No later than April 15 of each year, the Director shall submit the current fee schedule to the Controller, who shall apply the CPI adjustment to produce a new fee schedule for the following year. No later than May 15 of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee and certifying that the fees produce sufficient revenue to support the costs of providing the services for which the Permit fee is charged, and that the fees do not produce revenue that exceeds the costs of providing the services for which each Permit fee is charged. The operation of this subsection (e)(1) shall terminate after the CPI adjustment for fiscal year 2019-2020.
      (2)   Controller Adjustments. Beginning with fiscal year 2020-2021, the fees established herein, including as adjusted through fiscal year 2019-2020 under Section 1527(e)(1) above, may be adjusted each year on July 1 without further action by the Board of Supervisors, to reflect changes in City department costs to provide the services required herein. Not later than April 1 of each year the Controller will determine whether the current fees have produced or are projected to produce revenues sufficient to enable City departments to recover the costs of the permitting services required by this Article 25, and that the fees will not produce revenue that is significantly more than the costs of providing such services. If necessary, the Controller will adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that City departments recover their costs without producing revenue that is significantly more than such costs. The adjusted fees shall become operative on July 1.
   (f)   Discretion to Require Additional Fees. In instances where the review of an Application for a Personal Wireless Service Facility Site Permit is or will be unusually costly to the Department or to other City departments, the Director, in the Director’s discretion, may, after consulting with other applicable City departments, agencies, boards, or commissions, require an Applicant for a Personal Wireless Service Facility Site Permit to pay a sum in excess of the amounts charged pursuant to this Section 1527. This additional sum shall be sufficient to recover actual costs incurred by the Department and/or other City departments, agencies, boards, or commissions, in connection with an Application for a Personal Wireless Service Facility Site Permit and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees.
   (g)   Deposit of Fees. All fees paid to the Department for Personal Wireless Service Facility Site Permits shall be deposited in the Public Works Excavation Fund established by Administrative Code Section 10.100-230. All other fees shall go directly to the appropriate City department.
   (h)   Reimbursement of City Costs. A City department may determine that it requires the services of an expert in order to evaluate an Application for a Personal Wireless Service Facility. In such case, the Department shall not approve the Application unless the Applicant agrees to reimburse the applicable City department for the reasonable costs incurred by that department for the services of a technical expert.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011; amended by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015; Ord. 190-19, File No. 190598, App. 8/9/2019, Eff. 9/9/2019)
CODIFICATION NOTE
1.   So in Ord. 190-19.
SEC. 1528.  SEVERABILITY.
   If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article 25 or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article 25 or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivision paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid or ineffective.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
SEC. 1529.  BASE STATION DETERMINATION.
   (a)   Request for Determination.
      (1)   New Facilities. An Applicant for a Personal Wireless Service Facility may seek a determination from the Department that a proposed Personal Wireless Service Facility is a Base Station.
      (2)   Permitted Facilities. A Permittee may seek a determination from the Department that a permitted Personal Wireless Service Facility is a Base Station.
   (b)   Single Determination Permitted. Once the Department has determined that an Applicant's new Personal Wireless Service Facility or a Permittee's permitted Personal Wireless Service Facility is a Base Station, the Department may apply that determination to the Applicant's or Permittee's other Personal Wireless Service Facilities that use the identical equipment.
   (c)   Department Order. In lieu of a case-by-case determination, the Department may determine by order or regulation those types of Personal Wireless Facilities that meet the definition of the term Base Station.
(Added by Ord. 18-15 , File No. 141297, App. 2/13/2015, Eff. 3/15/2015)