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
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
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
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
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
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
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)
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