§ 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.

a.

“Adjacent” means:

1.

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

2.

In front of and on the same side of the street, when used in connection with a City park or open space.

b.

“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.

c.

“Applicant” means any Person submitting an Application for a Personal Wireless Service Facility Site Permit under this Article 25.

d.

“Application” means an application for a Personal Wireless Service Facility Site Permit under this Article 25.

e.

“City” means the City and County of San Francisco.

f.

“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.

g.

“Department” means the Department of Public Works.

h.

“Director” means the Director of Public Works.

i.

“FCC” means the Federal Communications Commission.

j.

“Immediate Vicinity” means:

1.

Within one (1) block in any direction from the boundary of a Planning Protected Location that is 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;

2.

Within twenty-five (25) feet of the property lines from the properties that are Adjacent to a Planning Protected Location that is a national historic landmark, California landmark, San Francisco landmark, structure of merit, architecturally significant building, or locally significant building, or across the street from the above boundary lines;

3.

Within one (1) block in any direction from the boundary of a Zoning Protected Location; and

4.

Within one (1) block in any direction from the boundary of a Park Protected Location.

k.

“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.

l.

“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 the aesthetic or natural attributes that define the City park or open space.

m.

“Permittee” means a Person issued a Personal Wireless Service Facility Site Permit.

n.

“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.

o.

“Personal Wireless Service” means commercial mobile services provided under a license issued by the FCC.

p.

“Personal Wireless Service Facility” or “Facility” means antennas and related facilities used to provide or facilitate the provision of Personal Wireless Service.

q.

“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.

r.

“Planning Protected Location” means any of the following proposed locations for a Personal Wireless Service Facility:

1.

On an historic, historically or architecturally significant, decorative, or specially designed Street Light Pole located in the Public Rights-of-Way;

2.

On a Utility or Street Light 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;

3.

On a Utility or Street Light 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;

4.

On a Utility or Street Light Pole that is on a Public Right-of-Way that the San Francisco General Plan has designated as being most significant to City pattern, defining City form, or having an important street view for orientation; or

5.

On a Utility or Street Light Pole that is on a Public Right-of-Way that the San Francisco General Plan has designated as having views that are rated “excellent” or “good.”

s.

“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:

1.

For a historic, historically or architecturally significant, decorative, or specially designed Street Light Pole, the applicable standard is whether a proposed Personal Wireless Service Facility would significantly degrade the aesthetic attributes that distinguish the Street Light Pole as historic, historically significant, architecturally significant, decorative, or specially designed.

2.

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 the aesthetic attributes that were the basis for the special designation of the district.

3.

For a Utility or Street Light 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 the aesthetic attributes that were the basis for the special designation of the building.

4.

For a Public Right-of-Way that the San Francisco 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 the aesthetic attributes that were the basis for the designation of the street for special protection under the General Plan.

5.

For a Public Right-of-Way that the San Francisco 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.

t.

“Public Health Compliance Standard” means whether: (i) 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 (ii) noise at any time of the day or night from the proposed Personal Wireless Service Facility described in an Application is not greater than forty-five (45) dBA as measured at a distance three (3) feet from any residential building facade.

u.

“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.

v.

“Step-Down Tier III Facility” means a Personal Wireless Service Facility that would be a Tier III Facility because of the size of the antenna enclosure(s) being added to a Utility or Street Light Pole, but that would not add any equipment enclosure(s) to any Utility or Street Light Pole.

w.

“Step-Down Tier II Facility” means a Personal Wireless Service Facility that would be a Tier II Facility because of the size of the antenna enclosure(s) being added to a Utility or Street Light Pole, but that would not add any equipment enclosure(s) to any Utility or Street Light Pole.

x.

“Street Light Pole” means a pole used solely for street lighting and which is located in the Public Rights-of-Way.

y.

“Tier III-A Compatibility Standard” the standard by which the Planning Department shall make a compatibility determination based on an analysis of the additional impact, if any, that a proposed Tier III-A Facility would have on the character of the neighborhood, as compared to the impact a Tier II Facility would have at the same location.

z.

“Tier III-B Compatibility Standard” means a Planning Protected Location Compatibility Standard or Zoning Protected Location Compatibility Standard by which the Planning Department shall make a compatibility determination based on an analysis of the additional impact, if any, that a proposed Tier III-B Facility would have on a Planning Protected Location or Zoning Protected Location, as compared to the impact a Tier II Facility would have at the same location.

aa.

“Tier III-C Compatibility Standard” means a Park Protected Location Compatibility Standard by which the Recreation and Park Department shall make a compatibility determination based on an analysis of the additional impact, if any, that a Proposed Tier III-C Facility would have on a Park Protected Location, as compared to the impact a Tier II Facility would have at the same location.

bb.

“Tier II-B Compatibility Standard” means a Planning Protected Location Compatibility Standard or Zoning Protected Location Compatibility Standard by which the Planning Department shall make a compatibility determination based on an analysis of the additional impact, if any, that a proposed Tier II-B Facility would have on a Planning Protected Location or Zoning Protected Location, as compared to the impact a Tier I Facility would have at the same location.

cc.

“Tier II-C Compatibility Standard” means a Park Protected Location Compatibility Standard by which the Recreation and Park Department shall make a compatibility determination based on an analysis of the additional impact, if any, that a Proposed Tier II-C Facility would have on a Park Protected Location, as compared to the impact a Tier I Facility would have at the same location.

dd.

“Tier I Criteria” is the criteria for the equipment allowed to be used with a Tier I Personal Wireless Service Facility, as set forth in Section 1503(a) below.

ee.

“Tier II Criteria” is the criteria for the equipment allowed to be used with a Tier II Personal Wireless Service Facility, as set forth in Section 1503(b) below.

ff.

“Tier I Facility” is a Personal Wireless Service Facility that meets the Tier I Criteria.

gg.

“Tier III Facility” is a Personal Wireless Service Facility that does not meet the Tier I or Tier II Criteria.

hh.

“Tier II Facility” is a Personal Wireless Service Facility that meets the Tier II Criteria.

ii.

“Tier I Facility Permit” is a Permit to install a Tier I Facility.

jj.

“Tier III Facility Permit” is a Permit to install a Tier III Facility.

kk.

“Tier II Facility Permit” is a Permit to install a Tier II Facility.

ll.

“Tier III Necessity Standard” means whether a Tier II Facility is insufficient to meet the Applicant’s service needs because the Applicant has demonstrated one of the following:

1.

A Tier II Facility would not provide the coverage or functionality the Applicant requires to meet its service needs in the vicinity of the proposed Tier III Facility.

2.

Approval of the Application for a Tier III Facility Permit would reduce the number of Personal Wireless Service Facilities that the Applicant would otherwise need to install in the vicinity of the proposed Tier III Facility.

3.

Any other showing related to the Applicant’s service needs that the Department may allow by order or regulation.

mm.

“Unprotected Location” means a proposed location for a Personal Wireless Service Facility that is neither a Planning Protected, Zoning Protected, nor a Park Protected Location.

nn.

“Utility Pole” means a power pole, telephone pole, or other similar pole located within the Public Rights-of-Way.

oo.

“Zoning Protected Location” means on a Utility or Street Light Pole that is on a Public Right-of-Way that is within a Residential or Neighborhood Commercial zoning district under the San Francisco Planning Code.

pp.

“Zoning Protected Location Compatibility Standard” means whether an Applicant for a Personal Wireless Service Facility Site Permit on a Public Right-of-Way that is within a Zoning Protected Location demonstrates that a proposed Personal Wireless Service Facility would not significantly detract from the character of the Residential or Neighborhood Commercial zoning district.

History

(Added by Ord. 12-11, File No. 100041)

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