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.
CODIFICATION NOTE