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SEC. 62.08.  SPECIFICATIONS AND PROCEDURES FOR ABOVE GROUND FACILITIES INSTALLATIONS IN THE PUBLIC RIGHTS-OF-WAY.
   (Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered from Sec. 62.03.2 by Ord. No. 182,237, Eff. 9/28/12.)
 
   The following Above Ground Facilities Specifications and Procedures (AGFSP) shall govern the approval process for the installation of above ground facilities (AGFs) in the public rights-of-way.
 
   I.   AGF Definition:  The AGF shall be defined as all structures, cabinets, electric meters, and any other appurtenance installed for telecommunication or utility purposes above surrounding grade in the public rights-of-way. For the purposes of reviewing allowable AGF Applications, all structures, cabinets, electric meters, and any other appurtenances that share a common structural foundation shall be defined as one AGF. All structures, cabinets, electric meters, and any other appurtenances required to operate a facility, but that do not share a common structural foundation, shall be considered a separate AGF installation. The number of separate AGF installations shall be based on the number of separate structural foundations installed when the facility is fully operational.
 
   ADA:  The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. The ADA includes a wide range of legislation intended to make American Society more accessible to people with disabilities. It is divided into five titles, one of which is Public Accommodations (Title III). Title III states that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable.
 
   Design Review Board:  In approximately one-third of the City’s Specific Plans, development plans must be reviewed and approved by a Design Review Board. This Board is composed of members appointed pursuant to Section 16.50 of the LAMC.
 
   Major Highway:  A Major Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los Angeles. A street designated a Major Highway is projected to carry more than 30,000 average daily trips by the year 2010. The current standard right-of-way cross sectional width of such a street is 104' or greater and includes a 12' wide sidewalk/parkway, 13' curb lane, 4 to 6 full-time through lanes, 2 part-time parking lanes, and I median/left turn lane.
 
   Note:   certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments.
 
   Public Rights-of-Way:  Land that is dedicated for public use including but not limited to: improved public streets, sidewalks, curbs, gutters, public utility easements, parkways. etc., as well as dedicated unimproved areas.
 
   Secondary Highway: A Secondary Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los Angeles. A street designated a Secondary Highway is projected to carry between 20,000 and 30,000 average daily trips by the year 2010. The current standard right-of-way cross sectional width of such a street is 90' and includes a 40' wide sidewalk/parkway, 19' curb lane, 4 full-time through lanes, all-day parking, and I median/left turn lane.
 
   Note: certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments.
 
   Utility Pole: A utility pole is defined as any pole which is used to support power, telephone, or other suspended telecommunications wires, and shall not include monopoles or antennas.
 
   II.   General Restrictions:
 
   A.   Below Grade Requirement: All AGFs shall be installed below surrounding grade in each of the following areas:
 
   1.   City Planning Specific Plans (SP) as defined in LAMC Sec. 11.5.7 unless specifically exempted by the Board of Public Works.
 
   2.   Historical Preservation Overlay Zones (HPOZ) as defined in LAMC Sec. 12.20.3.
 
   3.   Areas adjoining sites that have been designated as having historic significance. Historic sites are those identified as ZI 145-XXXX on the City of Los Angeles Zoning Map.
 
   4.   Areas adjoining Open Space (OS) Zones as defined in LAMC Sec. 12.04.05.
 
   5.   Along Scenic Highways as designated in the Transportation Element of the General Plan as developed by the City of Los Angeles City Planning Department.
 
   6.   Pedestrian Oriented Districts (POD) as defined in LAMC Section 13.07.
 
   7.   Community Design Overlay Districts (CDO) as defined in LAMC Section 13.08.
   8.   Areas that have been designated by the Board of Public Works, upon the recommendation of the City Council, as “underground AGF areas.”  The Board of Public Works may make this designation only in areas where all existing AGFs, as defined in Parts I. and IX.C, are currently underground or are required to be installed underground by law or contract.  (Added by Ord. No. 175,366, Eff. 9/1/03.)
 
   B.   Hardship Waiver: The provisions of Section II.A requiring installation of AGFs below grade may only be waived if the Board of Public Works finds that hardship would result from the imposition of these requirements. Hardship occurs when placing the AGF below grade is technically or financially infeasible and all reasonable alternatives have been exhausted. The Bureau of Engineering shall process an application for a hardship waiver within 45 days of submission. The 45-day process deadline shall commence when BOE verifies the application is accurate and complete.
 
   If the proposed AGF is located within an applicable SP, HPOZ, POD, or CDO, the applicant shall first submit an application to the City of Los Angeles Planning Department for approval. The Planning Department approval shall be based on the recommendations of the appropriate Design Review Board or HPOZ Board and must be obtained prior to submittal of the hardship waiver request to the Bureau of Engineering (BOE). The City Engineer, upon request of the Review Board or City Planning, shall participate in any public meetings pertaining to an AGF installation hardship waiver in an advisory role regarding BOE Policy and the AGFSP.
 
   C.   Board Reports on Waiver Requests: BOE staff shall prepare a Board Report regarding the application for a hardship waiver for consideration by the Board of Public Works. The Board Report shall include all of the following:
 
   1.   A report prepared by the applicant detailing the technical infeasibility of complying with the AGFSP. If the applicant alleges financial infeasibility, a report prepared by the applicant detailing the financial infeasibility of complying with the AGFSP, including details on the estimated comparative cost of constructing the AGF aboveground and underground.
 
   2.   A report prepared by, BOE that documents all comments received by those parties notified per Section VIII.D, including the Council District Office in which the AGF installation is proposed.
 
   3.   A report prepared by the applicant containing evidence of the investigation of all reasonable private property alternatives and justification for not selecting any of those alternatives, if the proposed facility is within 200 feet of a commercial or manufacturing zone, C2, C4, C5, CM, MR1, M1, MR2, M2, and M3, as defined by LAMC Sections 12.14, 12.16, 12.17, 12.17.1, 12.17.5, 12.17.6, 12.18, 12.19, and 12.20, respectively. At least two private property alternatives must be documented to satisfy this requirement.
 
   4.   A map prepared by the applicant indicating the service area for the proposed AGF, which demonstrates that no less than 50% of the AGFs benefit shall be specifically intended to service customers in the restricted area.
 
   5.   A statement by BOE Staff that the applicant has completed all other requirements of the AGFSP, including copies of any reports or comments from the Planning Department.
 
   D.   Above Ground Allowance: The AGF may be located above surrounding grade in the public rights of way in all locations not falling under the restrictions of Section II.A. All AGF applications for locations outside the restricted areas shall be subject to all other applicable requirements of the AGFSP.
 
   III.   Permit Requirements for AGF Installations:
 
   A.   Requirements for Utilities: All excavations in and adjacent to streets require a excavation permit per LAMC Sec. 62.02 .  Entities that have the authority to occupy the public rights-of-way by virtue of a state granted certificate of Public Convenience and Necessity shall comply with the AGFSP and obtain a Utility Permit to install an AGF. Compliance with the AGFSP and approval of the Utility Permit are required prior to the start of any AGF installation work.
 
   B.   Requirements for Non-utilities:  Entities that do not have the state authority to occupy the public rights-of-way, shall comply with the AGFSP and obtain a Revocable Permit and Excavation Permit to install an AGF. Compliance with the AGFSP and approval of the Revocable and Excavation Permit are required prior to the start of any AGF installation work.
 
   C.   AGF Installation Requirements: An applicant may apply for one to ten AGF installation permits per Utility, Revocable, and/or Excavation Permit application. The Bureau of Engineering shall process the first AGF permit request within 30 days of submission, and may take up to two additional days for each additional AGF permit request submitted as part of the application. The 30 day deadline shall commence when BOE verifies the permit request is accurate and complete. The review period may be extended as necessary if the permit application includes hardship waivers or variances, as described in Section II.B, Section V.B, and Section V.H. The request for an AGF installation permit shall be deemed complete upon submission of the following:
 
   1.   Site and or Landscaping Plan to scale, elevation drawings, before installation photographs showing the location of the proposed AGF, renderings of the installed AGF with appurtenances including power meter boxes and surrounding landscaping elements. Also required are specifications and dimensions pertaining to existing street improvements, parkway alignment, proximity to buildings, view corridors, potential noise levels, and details necessary to determine compliance with the aesthetic and public safety requirements of the AGFSP.
 
   2.   Identification of structures, cabinets, electric meters, or any other appurtenance proposed to be installed above the existing surrounding grade.
 
   3.   Mailing address labels of adjoining lots, abutting lots, lots across the public right-of-way from adjoining and abutting lots as defined in Attachment A, relevant Council District Offices, neighborhood councils, and homeowner associations.
 
   4.   The zoning regulations of adjoining lots promulgated by the City of Los Angeles Planning Department and the number of existing AGFs in the city block in which the AGF is proposed.
 
   5.   Cultural Affairs Commission (CAC) approved AGF model with cabinet treatment details, cabinet dimensions and AGF volume size.
 
   6.   The name and address of the AGF owner, contact telephone numbers, the address, and location of the AGF installation, and any other information pertaining to the maintenance of the AGF.
 
   7.   Graffiti Mitigation Plan as defined in Section V.E.
 
   IV.   Permit Fees:
 
   A.   Deposit: A deposit in the amount of $1,000 per AGF installation permit shall be made by the applicant to cover the cost of processing AGF permits prior to the start of permit processing. BOE staff shall create a Work Order and credit the deposit amount to the Work Order. If charges by BOE Staff exceed the deposit amount, the applicant shall deposit additional funds to continue permit processing.
 
   B.   Hardship Waiver Deposit: Due to the additional time and effort required to review a hardship waiver request, an additional $1,000 deposit shall be submitted for each hardship waiver.
 
   C.   Charges: City staff time used to process permit applications containing AGF installations, variance requests, and AGF mapping shall be charged to the AGF applicant Work Order.
 
Specifications
 
   V.   Aesthetic Requirements:
 
   A.   Visual Impact: The applicant shall demonstrate that the AGF installation site meets the aesthetic requirements of the AGFSP. The AGF installation should not obstruct street scape views, view corridors existing in the public rights-of-way, view corridors of neighboring lots, or view corridors from the public rights-of-way.
 
   B.   AGF Volume Threshold: The AGF shall have a maximum volume threshold of thirty-six (36) cubic feet. The AGF volume shall include the combined volume of all cabinet enclosures that share a common foundation or platform. The AGF volume shall not include the volume of the foundation or platform supporting the cabinet that is above the existing surrounding grade. The maximum AGF height shall be five and one-half feet (5' 6"). The minimum AGF height shall be two and one half feet (2' 6"). The Board of Public Works may grant a variance from the AGF volume and height limitation if all of the following conditions exist:
 
   1.   Suitable measures consistent with the aesthetic guidelines of this report mitigate the excessive AGF volume.
 
   2.   The applicant demonstrates that no financially or technically acceptable alternative exists that complies with Section V.B.
 
   3.   The cabinet design has been approved by the Cultural Affairs Commission.
 
   BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission. The 35-day deadline shall commence when BOE verifies the variance request to be accurate and complete. In cases where multiple variances are requested, the BOE make take up to five additional days for each additional variance request.
 
   C.   Parkway Alignment: The AGF should be placed in proximity to and in line with existing power poles, street light fixtures, street signs and other structures within the parkway to create an aesthetic and unobstructed alignment. The AGF shall not be placed in such an alignment if the installation blocks the line of sight for vehicles exiting adjacent alley intersections or driveways.
 
   D.   Landscape Considerations: For AGFs installed in a parkway, the AGF owner shall install landscaping immediately surrounding the installation or restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing landscaping in the parkway. For AGFs installed in the public rights-of-way in an area where no sidewalk exists, the AGF owner shall install landscaping immediately surrounding the installation and restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing surrounding landscaping. All new landscaping shall be installed and maintained for the purpose of screening or camouflaging the AGF, and to create an aesthetically pleasing appearance. An automatic irrigation system shall be installed or modified to sustain landscaping when necessary. If an automatic irrigation system is not feasible, the applicant may submit an irrigation plan with the application. The irrigation plan shall include manual watering intervals and a guarantee to replace any vegetation that does not survive. All landscaping shall be installed and maintained in conformance with pedestrian passage Sections VI.A, VI.B, and VI.C. Landscaping shall not be required for AGF installations located in existing full-width sidewalks.
 
   E.   Cabinet Treatment and Graffiti Mitigation: The AGF shall be a color similar to the existing surrounding landscape. The exterior of the AGF shall resist graffiti or be painted with anti-graffiti paint and be maintained in a “like-new” condition at all times. The applicant shall submit a Graffiti Mitigation Plan (“Plan”) detailing how the AGF owner will maintain the AGF free from graffiti and other defacements (i.e. stickers, posters). The Plan shall require AGF inspection at a minimum of four (4) times each year and include identification of the resources dedicated to mitigating graffiti. Additionally, the Plan shall provide the name, mailing address, phone number, and E-mail address for a single point of contact responsible to resolve graffiti issues. The Plan shall clearly state that AGF surfaces shall be restored to their original exterior appearance.
 
   F.   Cabinet Identifiers: For the purpose of active monitoring by City personnel, residents, and other telecommunications companies, the following information shall be clearly indicated on all AGFs:
 
   1.   A toll-free telephone number for the AGF owner.
 
   2.   The AGF registration, number issued by the BOE pursuant to Section X.F.
 
   G.   Cabinet Foundations: Concrete pads shall be a color that is consistent with adjacent surrounding sidewalks. Concrete pads installed in full width sidewalks, shall be constructed per design plan and shall join to the nearest score line of the existing concrete pavement. For installations where there is no existing sidewalk, concrete pads shall be an earth-tone color that is consistent with existing surrounding earth. Any slough walls constructed to protect an AGF installation shall be an earth-tone color consistent with the existing surrounding soil.
 
   H.   Density Threshold: The area between the two adjacent intersections of two sets of intersecting streets shall be defined as a city block, including sidewalks on either side of the street. Accordingly, the maximum number of AGF installations in the public right-of-way per city block shall be as follows:
 
   1.   For city blocks in which the two adjacent intersections are less than 1000 feet apart, the threshold is three (3).
 
   2.   For city blocks in which the two adjacent intersections are equal to or greater than 1000 feet apart, the threshold is three (3), plus a maximum of one (1) additional AGF for every additional 250 feet of adjacent intersection separation.
 
   3.   In Parking zones (LAMC 12.12.1) and Industrial zones (LAMC 12.17.5 - 12.20), there is no AGF threshold per city block.
 
   All facilities exempt from the AGFSP shall not be counted in the number of AGF installations per city block. The Board of Public Works may grant a variance from the AGF density threshold per city block at its discretion when the threshold is reached and when measures consistent with the AGFSP mitigate the excessive number of AGF installations. AGF co-location may be required as a mitigation measure. The BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission and, in cases where multiple variances are requested, may take up to five additional days for each additional variance request. The 35 days deadline shall commence when BOE verities the density variance request is accurate and complete.
 
   VI.   Public Safety Requirements:
 
   A.   Major and Secondary Highway Pedestrian Passage: In public rights-of- way that have a Major Highway or Secondary Highway Street designation and an existing sidewalk, the AGF shall be located in sidewalks or parkways such that there is a minimum six (6) feet unobstructed distance between the edge of cabinet and the property line. The six (6) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than six-feet wide, additional concrete sidewalk shall be constructed to provide a minimum six (6) feet wide paved sidewalk between the edge of cabinet and the property line.
 
   B.   Non-Major and Non-Secondary Highway Pedestrian Passage:  In public rights-of-way that have the street designation other than Major Highway or Secondary Highway, and that have existing sidewalk, the AGF shall be located in sidewalks or parkways such that there is a minimum four (4) feet unobstructed distance between the edge of cabinet and the property line. This four (4) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than four feet wide, additional concrete sidewalk shall be constructed to provide a minimum four (4) feet wide paved sidewalk between the edge of cabinet and the property line.
 
   C.   Pedestrian Passage Distances: In public rights-of-way of all street designations with no existing sidewalk pavement, the AGF shall be located in the parkway such that a four (4) feet unobstructed distance is provided for pedestrian passage by one of the following:
 
   1.   When there is no curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the edge of pavement, or
 
   2.   When there is a curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the curb face, or
 
   3.   A minimum four (4) feet unobstructed distance between the edge of cabinet and property line.
 
   D.   Minimum Curb Face Distances: The AGF shall have a minimum 18-inches unobstructed distance from edge of cabinet to curb face. In areas where no curb face exists, the AGF shall have a minimum four (4) feet unobstructed distance from the edge of cabinet to edge of pavement.
 
   E.   Vehicular Line of Sight and Sight Distance: The AGF shall not be located in the “visibility triangle”, defined as that portion of both public right-of-way and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining the points on the curb or edge of roadway forty-five (45) feet from the point of intersection of the extended curb lines or edges of roadway. The AGF shall not be located adjacent to driveways and alley intersections where they would reduce the sight distance for exiting vehicular traffic to less than two hundred (200) feet.
 
   F.   Proximity to Buildings, Houses, Structures: The AGF shall not be located immediately in front of buildings, houses, structures, or public stairs such that it causes a violation of ADA guidelines for pedestrian passage. The AGF shall not obstruct pedestrian passage from private property to the public right-of-way.
 
   VII.   Future Street Improvement Requirements:  BOE staff shall determine the status of future street improvements for a proposed AGF installation and provide this information to the applicant. Applicants are hereby notified that future street lighting conduit installation may occur under a proposed AGF installation if the AGF foundation is located within four (4) feet of the distance from the curb face. Street lighting conduit is normally placed within a four (4) feet distance from the curb face. In general, AGF installations should not be located in areas proposed for future street improvements. However, if necessary, AGF installations may be allowed in areas designated for street improvement. All AGF owners, shall be responsible for the cost of relocation of their AGFs and appurtenant facilities in conflict with any future street improvement or driveway installation initiated by the City, unless the improvement is required as a condition of a permit issued to a developer.
 
Procedures
 
   VIII.   Permit Processing Requirements and Procedures:
 
   A.   Field Investigation Requirement:  BOE Staff shall conduct a field investigation of proposed AGF installations in the following cases:
 
   1.   If the proposed AGF is a hardship waiver.
 
   2.   If the proposed AGF application contains a request for a variance from the AGF volume, height, and/or density threshold limits.
 
   3.   If opposition to the proposed AGF is received by BOE from any person or organization notified per Section VIII.D.
 
   In all other cases, BOE staff reserves the right to conduct a field investigation of any AGF installation on a case-by-case basis. The purpose of the field investigation shall be to determine the best AGF location consistent with the AGFSP, to consider the feasibility of locating on private property and to consider locating the AGF in the public right-of-way below surrounding grade.
 
   B.   Joint-Trenching Review Requirement: All AGFs that require trenching for the installation of substructure components shall be subject to joint trenching following a Utility Permit Joint-Trenching Review process:
 
   1.   Where the City or the applicant becomes aware that 2 or more applicants propose construction in the same street or general vicinity. This requirement will be reviewed and evaluated by BOE and DOT Staff and modified based on rights-of-way conditions.
 
   2.   AGF installations that qualify for joint-trenching shall modify their substructure designs to accommodate the trench alignment selected by BOE Staff.
 
   C.   BOE Approval:  BOE staff shall approve the AGF installation permit if the following conditions have been met: The Field Investigation Requirement, Section VIII.A and the Joint Trenching Review Requirement, Section VIII.B have been satisfied; the Board of Public Works has approved all appropriate variances; and the installation is in compliance with all other provisions of the AGFSP.
 
   D.   Notification of AGF Installation: For each proposed AGF installation, the applicant shall notify all, persons and organizations identified in Section III.C.3, via registered mail, of the proposed AGF. The notification shall identify whether or not the applicant is requesting a variance, and shall include information regarding the specific AGF location and cabinet design. A contact person and phone number for the applicant shall also be listed. If the applicant is requesting a hardship waiver as per Section II.B., the notification shall also include the name, phone number and address for the appropriate BOE staff, as provided by the department.
 
   Following consideration of the applicant s permit request by BOE, the applicant shall notify all persons and organizations identified in Section III.C.3 of the status of the application. This notice shall include the BOE Approval or Disapproval, and language provided by the BOE detailing the AGF appeal process available to property owners. BOE staff and Council District offices shall maintain a list of representative homeowner associations. Notification to multi-unit buildings shall be made to the property owner or the on-site property manager.
 
   E.   Appeal of BOE Determination to Board of Public Works: The BOE determination shall be subject to appeal by the property owners and/or occupants specified in Attachment A and pursuant to the procedures established in LAMC Section 62.03.4 (l). If no appeals are submitted to the BOE within 14 calendar days of the date of notification, the BOE determination shall be final. The appeal of a BOE determination shall be heard by the Board of Public Works at a regularly scheduled public meeting. The Board of Public Works shall determine whether an error or abuse of discretion has occurred.
 
   F.   AGF Mapping: To assist the industry with the requirements specified in this AGFSP, the City shall make available information on City Planning Specific Plans, Historical Preservation Overlay Zones, Historic Sites, Open Space Zones, Pedestrian Oriented Districts, Community Design Overlay Districts, and Scenic Highways. The City shall also provide online information showing all AGF installations, the AGF registration number assigned to the AGF installation, and other pertinent data. The area of mapping shall be limited to the boundaries of the City of Los Angeles.
 
   G.   Removal of Facilities: Facilities which have not served a customer for 90 days shall be deemed unused and removed in a timely manner as stated in Section IV.E (Non-Compliance) and Section IV.E.6 (Failure to remove obsolete or unused AGF installations). The cost of AGF removal shall be the responsibility of the AGF owner.
 
   IX.   Exemptions from the AGFSP:
 
   A.   Installations on Private Property: AGF installations on private property shall be exempt from the AGFSP but subject to discretionary review by the Department of City Planning. (See Ordinance 174,132 amending LAMC Sections 11.5.7 , 12.04.05 , 12.04.09 , 12.12.1 , 12.12.1.5 , 12.17.6 , 12.21 , 12.24 .)
   
   B.   Installations Below Existing Grade: Facilities installed in the public rights- of-way that do not have a structure, cabinet, electric meter, or other appurtenance above the existing surrounding grade shall be exempt from the AGFSP. Facilities installed below existing surrounding grade in the public rights-of-way shall be subject to BOE Utility, Excavation, and/or Revocable permit requirements.
 
   C.   Pole-Mounted and Public Facilities: Pole-mounted and street light-mounted facilities, fire hydrants, air/vacuum valves, street light poles, utility poles, and traffic and pedestrian control fixtures are not subject to the AGFSP, but will be subject to all other applicable requirements of law, including, but not limited to, the Joint Pole Agreement (JPA), the Department of Water and Power guidelines, and the Bureau of Street Lighting rules and regulations.
 
   D.   Other: Temporary water service AGFs, sampling taps, dissipaters, water control appurtenances associated with water regulator stations, water flow meters, and water valves, and vent stacks related to maintenance holes and vaults shall not be subject to the AGFSP, except for the pedestrian passage retrofit requirements in Section X.B. These facilities may also be subject to other BOE permit requirements.
 
   E.   The below grade requirements of Section II shall not apply to electric meters and telecommunications tie-in facilities installed to comply with the requirements of that section.
 
   X.   Applicability to Existing AGF Installations:
 
   A.   Upgrade or Repair of Existing AGFs: All existing AGFs installed prior to the adoption of the AGFSP that need to be upgraded or repaired, shall be subject to these Specifications and Procedures if the upgrade or repair causes the AGF volume to increase by more than 10%.
 
   B.   Pedestrian Passage Retrofit Requirement: All existing AGFs, including those identified in Section IX.D, which were installed prior to the adoption of the AGFSP, shall be modified, retrofitted, or relocated to provide a minimum three (3) feet of unobstructed distance for pedestrian and wheelchair passage except in the following areas:
 
   1.   Public right-of-way areas adjacent to MR1, M1, MR2, M2, and M3, as defined in LAMC Section 12.04.
 
   2.   Public rights-of-way with no existing sidewalk pavement, or where the slope of the existing sidewalk is 5% or greater.
 
   3.   Hillside Areas, as defined by LAMC Section 12.03.
 
   C.   Annual Retrofit Limits: All existing non-compliant AGFs shall comply with Section X.B within five (5) years of the adoption of this ordinance. During any 12-month period, each individual company shall relocate 20% of its initial total non-compliant AGFs or thirty (30) non-compliant AGFs, whichever is greater, to comply with the pedestrian passage provisions of this AGFSP. The Bureau of Engineering shall be responsible for coordinating with Council offices and City departments for prioritizing AGF relocation needs, with preference given toward locations with higher pedestrian traffic density or near public facilities, and submitting these requests to the respective companies.  Upon notification from the City, an AGF owner shall have 180 days to complete the relocation. Non-compliant AGFs relocated pursuant to this section shall not be subject to the remaining provisions of the AGFSP, provided that the replacement AGF is located within 500 feet of the original AGF and the volume is not increased by more than 10%.
 
   D.   Pedestrian Passage Compliance:  Owners of existing AGFs shall be considered in compliance with the requirements of Section X.B when the conditions of Section X.C are met. In the event an AGF owner is in default with the conditions in Section X.C, compliance with the requirements of Section X.B shall take effect immediately and all provisions of Section IV will apply.
 
   E.   Graffiti Mitigation and Cabinet Identification:  Existing AGFs shall be subject to all requirements stated in Sections V.E and V.F. Compliance with the requirements of this section shall be required no later than July 1, 2003.
 
   F.   AGF Locations:  Owners of existing AGFs shall submit to the BOE a geographic location identifier (geocode) for all existing AGF installations within the City of Los Angeles. The BOE will issue a registration number for each such AGF. Compliance with the requirements of this section shall be required no later than March 31, 2003. New AGFs will be assigned a registration number at the time the AGF installation permit is issued. A registration fee, established by the Board of Public Works, may be assessed to implement the provisions of this section.