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Home My WebLink About09. Adopt Urgency Ord- Regulations on Wireless Communications Facilities in Right-of-Wayl r r HONORABLE MAi' AND MEMBERS OF i FROM: OFFICE OF . DELFINO R. • DIRECTOR •WORKS/CITY /NgGINEE SUBJECT: REGULATIONS ON WIRELESS COMMUNICATIONS FACILITIES IN RIGHT-OF- WAY RECOMMENDATION That the City Council: 1. Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDINGDOWNEY MUNICIPAL CODE, ARTICLE VII ("STREETS AND PUBLIC WORKS"), ("STREETS"), TO ADD PART 6, "WIRELESS FACILITIES IN RIGHT -OF - r• _ r of '. it ,- •- - - •; • i; The wireless communications industry continues to evolve at a rapid pace and is currently on the verge of implementing 5G network, the next generation in wireless telecommunication technology. Multiple wireless communications carriers are taking advantage of the 5G network technology by installing their own wireless communications facilities on existing pole structures and have been submitting permit applications to the City to install the facilities several at a time in order to stay ahead of competing wireless providers. In order to manage and maintain control over the multiple wireless communications facilities that may potentially be installed throughout the City, there will be a need for the City to be able to regulate the locations, appearance, size, etc. of these wireless communications facilities in the public right-of-way. In September 2018, the Federal Communications Commission (FCC) adopted a Third Report & Order and Declaratory Ruling that significantly limits state and local management of the deployment of wireless communications facilities and associated fees for use of the rights-of- way and public properties. The Third Report & Order and Declaratory Ruling, which has already taken effect, imposes the following limitations in terms of what a governmental agency can enforce. The agency will be limited to the following fees: REGULATIONS ON WIRELESS COMMUNICATIONS FACILITIES APRIL 9, 2019 PAGE 2 Non-recurring fees - $500 for a single application which includes up to five small wireless communications facilities installations with an additional $100 for each wireless communications facility beyond five or $1,000 for installation of a new stand-alone pole to support an antenna and supporting equipment; Recurring fees - $270 per small wireless communications facility per year, inclusive of any right-of-way access or occupancy fee or fee for attachment to any structures located within the right-of-way owned by the municipality. Local governments can charge higher fees than those specified above if it can be demonstrated that the fees are: 1. A reasonable approximation of costs, 2. The costs themselves are reasonable, and 3. Non-discriminatory Agencies will no longer be able to enforce aesthetic standards unless they are reasonable, objective, no more burdensome than those applied to other types of infrastructure deployments, and published in advance. Requirements that all wireless facilities be deployed underground or any other undergrounding requirement that "materially inhibits wireless service" can no longer be enforced. In addition, minimum spacing requirements may not be enforceable if it can be demonstrated that the necessary signal strength cannot be achieved through said antenna spacing. The new FCC ruling also imposes "shot clocks" on municipal agencies by limiting the time that the agencies can act on an application for installation of a wireless communications facility, including any approval that a siting authority must issue under applicable law prior to deployment, such as zoning approvals, building, electrical and right-of-way encroachment permits, licenses or franchise agreements, leases for the use of municipally -owned poles or property, etc. The "shot clocks" will vary according to the FCC category of said wireless communications facility. The duration for each category is as follows: • modifications to existing wireless communications facility: 60 days; • placement of small wireless communications facility on an existing structure: 60 days; • installation of small wireless communications facility on new or stand-alone structure: 90 days; • collocations of non -small wireless communications facility on an existing structure: 90 days; and a deployment of non -small wireless communications facility on a new structure: 150 days. The applicable "shot clock" will begin upon receipt of the application. The "shot clock" can only be stopped if the agency notifies the applicant of an incomplete application in a timely manner. Upon the submittal of supplemental information by the applicant in response to being notified of the incomplete application, the "shot clock" will resume counting down until the agency again notifies the applicant of an incomplete application. The agency may specify new missing REGULATIONS ON WIRELESS COMMUNICATIONS FACILITIES APRIL 9, 2019 PAGE 3 information in the first notice of an incomplete application only. Any subsequent notices of incompleteness to the applicant must be based only on missing information that was required by the first notice of incompleteness to the applicant. The agency will have 10 days from receipt of supplemental information to again notify the applicant of a still incomplete application (if necessary), after which the "shot clock" will again stop until the submittal of the required supplemental information by the applicant, after which the "shot clock" will again resume counting down. The cycle will continue until the "shot clock" runs out, at which point the City must make a decision or face a "deemed granted" decision. For small wireless communications facilities, "shot clocks" are reset if the municipality notifies the applicant within 10 days after submission that the application is incomplete, which would give the City an additional 60 or 90 days, depending on the type of application to act on the permit application. For subsequent findings of incomplete applications, the "shot clock" would count down and would not reset if the governing agency provides written notice within ten days that the supplemental application submittal did not address the comments or include the required information. Failure by a governmental agency to act within the new "shot clock" timelines for small wireless communications facilities as specified in the FCC order constitutes a presumptive violation of the Communications Act and applicants may seek expedited injunctive relief in court within 30 days of a municipality missing a "shot clock" deadline. For non -small wireless communications facilities, the "shot clock" will start when an application is first submitted and can be paused, but not reset, if the municipality notifies the applicant within 30 days that the application is incomplete. Otherwise, the process is the same as for small wireless communications facilities for subsequent determinations of incompleteness. The new FCC ruling defines small wireless communications facilities as follows • Mounted on structures 50 feet or less in height including the antenna, or • Mounted on structures no more than 10 percent taller than other adjacent structures, or • Do not extend existing structures on which they are mounted to a height of more than 50 feet or by more than ten percent, whichever is greater. • Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; • All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; In addition, the new FCC ruling does not "grandfather" existing agreements or state small cell bills or other state laws which may be pre-empted to the extent they conflict with the new ruling and order. Furthermore, the ruling requires government agencies to adopt an ordinance prior to April 15, 2019 in order to regulate aesthetic design features and establish design standards for all wireless communications facilities. REGULATIONS ON WIRELESS COMMUNICATIONS FACILITIES APRIL 9, 2019 PAGE 4 rP&M e► Through the adoption of the attached urgency ordinance (Attachment A) and regular ordinance (Attachment B), the City will have the necessary regulation in place in order to enforce aesthetic standards pertaining to wireless facilities located within the public right-of-way. The ordinance will serve as a general ordinance which will enable the City to regulate the aesthetic design features of all wireless carriers within the City and includes the scope, purpose, definitions, permitting requirements, inclusive of administration and appeals process for permit denials; design standards; permit application requirements and other provisions pertaining to the installation of wireless communications facilities. The ordinance provides information and conditions of approval applicable to wireless encroachment permits (Attachment C). Finally, the ordinance references design standards for installation of wireless communications facilities in the public right-of-way (Attachment D). Given that there is insufficient time for the ordinance to go through the normal required adoption process and become effective prior to the April 15th deadline, the adoption of an urgency ordinance is necessary. However, the ordinance will also go through the normal required adoption procedure concurrently with the adoption of the urgency version of the ordinance for proper transparency of this item. License agreements will subsequently be executed independently of this ordinance with the individual wireless carriers intending to install wireless communications facilities within the City's right-of-way in order to address the licensing and encroachment aspects of said carriers. Quality of Life, Infrastructure and Parks No fiscal impact associated with this action. The City will be able to collect non-recurring and recurring fees as allowed by FCC for installation of wireless communications facilities in the City. ATTACHMENTS Attachment A — Urgency Ordinance Attachment B — Regular Ordinance Attachment C — Conditions of Approval Applicable to Wireless Encroachment Permits Attachment D — Design Standards for Wireless Facilities in the Public Right -of -Way [01aI]IkI►dL gaUL*. ! • ' r • •: • r ej I g Lem i m I B1111111111 r;• ,I MW6161t 3M' 1 Lei WHEREAS, pursuant to the laws of the State of California, the City of Downey ("City") has the authority to adopt such ordinances as it deems necessary and appropriate to assure good government in the City, to protect and preserve the City's rights, property and privileges, and to preserve peace, safety and good order; and WHEREAS, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction and maintenance of wireless antennas and other structures within the City's right-of-way, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority. WHEREAS, the City deems it necessary and appropriate to enact regulations for wireless telecommunications facilities in the right-of-way by urgency ordinance under Cal. Gov. Code Section 36937(b) because the matters herein concern "the immediate preservation of the public peace, health or safety" of the City's citizens. ORDAINNOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES AEREBY • i SECTION 1: The foregoing Recitals are adopted as findings of the City Council as though set forth in fully within the body of this ordinance. SECTION 2: Urgency Findings. (a) The City adopts this ordinance as an urgency measure pursuant to Government Code Section 36937(b) to protect the public peace, health and safety. (b) Since the City Council last amended Article VII, Chapter 1, the deployment of wireless facilities in right-of-way has increased nationwide and significant changes in federal laws that affect local authority over wireless facilities and other related infrastructure deployments have occurred, including, but not limited to, the following: (l) On August 2, 2018, the Federal Communications Commission ("FCC") adopted a Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (the "August Order"), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the August Order was made effective upon release of the August Order which occurred on August 3, 2018; and (2) On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order in the same rulemaking proceeding, Accelerating Wireless Broadband Deployment By Removing Barriers to Infrastructure Investment, 33 FCC Rcd 9088 (Sep. 27, 2018) (the "September Order"), which, among many other things, created new shorter "shot clocks" for small wireless facilities (as defined in the September Order); altered existing "shot clock" regulations to require local public agencies to do more in less time; established a national standard for an effective prohibition related to small wireless facilities that replaced the existing "significant gap" test adopted by the United States Court of Appeals for the Ninth Circuit and provided that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition. The September Order was made effective 90 days after publication in the Federal Register, that is, on January 14, 2019. The September Order also established that local governments should publish aesthetic standards by April 15, 2019 and that the standards must be in place before an application is submitted in order for the standards to apply to that proposed wireless facility. (c) In light of the FCC Orders, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, aesthetic features, construction, and maintenance of telecommunications antennas and infrastructure within the City's right-of-way, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority. (d) Further, one company recently applied for placement of a wireless facility in the right-of- way under the existing regulations which resulted in a denial and an appeal which is currently pending, and others have expressed interest in submitting more applications for the installation of wireless facilities in the right-of-way, and most portions of the FCC Orders are already in effect, so if the City does not immediately amend the Code, there is a risk that the City may not be able to enforce provisions of its Code or comply with the new federal regulations. (e) The City's right-of-way are a valuable resource, and the regulation of wireless installations in the right-of-way is necessary to protect and preserve aesthetics in the community. (f) If not adequately regulated, the installation of small wireless facilities within the right-of- way can pose a threat to the public health, safety, and welfare, including disturbance to the right-of-way through the installation and maintenance of wireless facilities; traffic and pedestrian safety hazards due to the unsafe location of wireless facilities; impacts to trees where proximity conflicts may require unnecessary trimming of branches or require removal of roots due to related undergrounding of equipment or connection lines; land use conflicts and incompatibilities including excessive height or poles and towers; creation of visual and aesthetic blights and potential safety concerns arising from excessive size, heights, noise, or lack of camouflaging of wireless facilities, including the associated pedestals, meters, equipment and power generators, all of which may negatively impact the City and its citizens. (g) Therefore, the City deems it necessary and appropriate to enact regulations for wireless telecommunications facilities in the right-of-way by urgency ordinance under Cal. Gov. Code Section 36937(b) because the matters herein concern "the immediate preservation of the public peace, health or safety" of the City's citizens. SECTION 3: Article VII, Chapter 1 of the Downey Municipal Code ("Code") shall be amended to add a new Part 6 entitled "Wireless Facilities in Right -of -Way" to read as follows: of • 7199 Scope. The provisions of this Part shall apply to any placement of wireless facilities into, upon, under, across, along and through any right-of-way for which a permit is required. The provisions of Article IX, Chapter 4, Section 9426 shall apply to any placement of wireless facilities outside of the right-of-way. 7199.1 Purpose. The purpose of this Part is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the right-of-way of the City consistent with the City's obligation to promote the public health, safety, and welfare, to manage the right-of-way, and to ensure that the public is not incommoded by the use of the right-of-way for the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities in its right-of-way. This Part shall be interpreted consistent with those provisions. 7199.2 Definitions. The terms used in this Part shall have the following meanings: Application: A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless encroachment permit. Applicant: A person filing an application for placement or modification of a wireless facility in the right-of-way. Base Station: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1), or any successor provision. Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision. FCC: The Federal Communications Commission or its lawful successor. Municipal Infrastructure: City -owned or controlled property structures, objects, and equipment in the right-of-way, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the right-of-way. Permittee: any person or entity granted a wireless encroachment permit pursuant to this Part. Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i). Personal Wireless Services Facility: means a wireless facility used for the provision of personal wireless services. Right -of -Way: shall have the same meaning as in Article VII, Chapter 1, Section 7100.24, but shall also include any portion of any road or public way which the City has the responsibility to maintain or manage. Small Cell Facility: shall have the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below): (1) The facility— (i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or (ii) is mounted on a structure no more than 10 percent taller than other adjacent structures, or (iii) does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater; ORDINANCE NO. PAGE 4 (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(4)), is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and (6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b). Support Structure: Any structure capable of supporting a base station. Tower: Any structure built for the sole or primary purpose of supporting any FCC - licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. Underground areas: Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts. Utility Pole: A structure in the right-of-way designed to support electric, telephone and similar utility lines. A tower is not a utility pole. Wireless Encroachment Permit: A permit issued pursuant to this Part authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the right-of-way; and the modification of any existing support structure to which the wireless facility is proposed to be attached. Wireless Facility, or Facility: The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). Wireless Infrastructure Provider: A person that owns, controls, operates or manages a wireless facility or portion thereof within the right-of-way. Wireless Regulations: Those regulations adopted pursuant to Section 7199.4 and implementing the provisions of this Part. Wireless Service Provider: An entity that provides personal wireless services to end users. (a) In general. There shall be a type of encroachment permit entitled a "wireless encroachment permit," which shall be subject to all of the same requirements as an encroachment permit would under Article VII, Chapter 1, Part 2 in addition to all of the requirements of this Part. Unless exempted, every person who desires to place a wireless facility in the right-of-way or modify an existing wireless facility in the right-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this Part. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Part. (b) Exemptions. This Part does not apply to: (1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes. (2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities. (c) Other applicable requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the right-of-way requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited, applicable law governing radio frequency (RF) emissions. (d) Pre-existing Facilities in the Right -of -Way. Any wireless facility already existing in the right-of-way as of the date of this Part's adoption shall remain subject to the provisions of the Code in effect prior to this Part, unless and until an extension of such facility's then -existing permit is granted, at which time the provisions of this Part shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre- existing facilities shall be conducted pursuant to this Part, rather than the portion(s) of the Code that it was previously reviewed under. (e) Public use. Except as otherwise provided by California law, any use of the right-of-way authorized pursuant to this Part will be subordinate to the City's use and use by the public. (a) Authority. The City Engineer or its designee is responsible for administering this Part. As part of the administration of this Part, the City Engineer may: (1) Interpret the provisions of this Part; (2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Part, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; (3) Develop and implement acceptable design and development standards for wireless facilities in the right-of-way, taking into account the zoning districts bounding the right-of-way; (4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Part; (5) Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Part; (6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations; (7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; (8) Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; (9) Establish standard conditions of approval that apply unless modified by the approving authority. (10) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and (11) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. (b) Appeals. (1) Any person adversely affected by the decision of the City Engineer pursuant to this Part may appeal the City Engineer's decision to the City Council, which may decide the issues de novo, and whose written decision will be the final decision of the City. (2) Where the City Engineer grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the City Council. (3) All appeals must be filed within two (2) business days of the written decision of the City Engineer, unless the City Engineer extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. (4) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. (a) Generally. Wireless facilities in the right-of-way shall meet the minimum requirements set forth in this Part and the wireless regulations, in addition to the requirements of any other applicable law. (b) Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the right-of-way shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Part may be waived, but only to the minimum extent required to avoid the prohibition or violation. (c) Minimum Standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the right-of- way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way. (d) Location and Design Standards. All applicants shall locate the facilities in accordance with the standards and wireless regulations adopted by the City Engineer. All applicants shall, to the extent feasible, incorporate specific concealment elements to minimize visual impacts and incorporate design requirements in accordance with the standards adopted by the City Engineer and ensure compliance with all standards for noise emissions, unless it is determined that another design is less intrusive or placement is required under applicable law. �� i rii MI (a) Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: City Engineer, at 11111 Brookshire Avenue, Downey, CA 90241, or such other address as may be designated by City Engineer. (b) Pre -application meeting. Prior to filing an application for a wireless encroachment permit, an applicant is encouraged to schedule a pre -application meeting with the City Engineer to discuss the proposed facility, the requirements of this Part, and any potential impacts of the proposed facility. (c) Content. An application must include: (1) Any information required pursuant to the wireless regulations adopted by the City Engineer; (2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility; (3) A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360 degree photosimulations must be provided. (4) Documentation sufficient to show that the proposed facility will comply with generally -applicable health and safety provisions of the Code and the FCC's radio frequency emissions standards. (5) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached. (6) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this Part. (7) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the City. Before and after 360 degree photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally -applicable health and safety provisions of the Code and the FCC's radio frequency emissions standards. (8) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent City from complying with any deadline for action on an application. (9) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public. (10) Any required fees. (d) Fees. Application fee(s) shall be required to be submitted with any application for a wireless encroachment permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless encroachment permit unless paid as a refundable deposit. (e) Waivers. Requests for waivers from any requirement of this section shall be made in writing to the City Engineer or his or her designee. The City Engineer may grant or deny a request for a waiver pursuant to this subsection. The City Engineer may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly -tailored to minimize deviation from the requirements of the Code. (f) Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the City Engineer may notify the applicant in writing, and specifying the material omitted from the application. (a) Findings Required for Approval. (1) Except for eligible facilities requests, the City Engineer or City Council, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: (i) The facility is not detrimental to the public health, safety, and welfare; (ii) The facility complies with this Part and all applicable design and development standards; and (iii) The facility meets applicable requirements and standards of state and federal law. (2) For eligible facilities requests, the City Engineer or City Council, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: (i) That the application qualifies as an eligible facilities request; and (ii) That the proposed facility will comply with all generally -applicable laws. (b) Decisions. Decisions on an application by the City Engineer or City Council shall be in writing and include the reasons for the decision. (c) Independent Consultants. The City Engineer or City Council, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Part. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards. (a) For breach. A wireless encroachment permit may be revoked pursuant to the procedure in Section 7134.2 for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (b) For installation without a permit. A wireless facility installed without a wireless encroachment permit (except for those exempted by this Part) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the removal shall be paid by entities who own or control any part of the wireless facility. (c) Municipal Infraction. Any violation of this Part will be subject to penalties as an infraction pursuant to Article I, Chapter 2, Section 1200. 7199.9 Infrastructure Controlled By City. The City, as a matter of policy, will negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person's request for, an agreement. 7199.10 Nondiscrimination. In establishing the rights, obligations and conditions set forth in this Part, it is the intent of the City to treat each applicant or right-of- way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the right-of-way." SECTION 4: The City Manager, or his or her delegate, is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance. SECTION 5: CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council's adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA 0 i I 1 0 WAtIM11 Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles within five working days of the passage and adoption of the Ordinance. SECTION 6: If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this day of _ f 2019. RICK RODRIGUEZ, Mayor ATTEST: MARIA ALICIA DUARTE, CMC City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 19- was introduced and adopted as an urgency ordinance at a regular meeting of the City Council of the City of Downey held on the day of , 2019, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 19- was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on , 2019, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates: MARIA ALICIA DUARTE, CMC City Clerk LOINKRUNMAI"o WHEREAS, pursuant to the laws of the State of California, the City of Downey ("City") has the authority to adopt such ordinances as it deems necessary and appropriate to assure good government in the City, to protect and preserve the City's rights, property and privileges, and to preserve peace, safety and good order; and WHEREAS, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction and maintenance of wireless antennas and other structures within the City's right-of-way, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority. SECTION 1: The foregoing Recitals are adopted as findings of the City Council as though set forth in fully within the body of this ordinance. SECTION 2: Article V11, Chapter 1 of the Downey Municipal Code ("Code") shall be amended to add a new Part 6 entitled "Wireless Facilities in Right -of -Way" to read as follows: ag-.1a &S-TITM =1 TM ff=1 in Lm- 11Y.1 7199 Scope. The provisions of this Part shall apply to any placement of wireless facilities into, upon, under, across, along and through any right-of- way for which a permit is required. The provisions of Article IX, Chapter 4, Section 9426 shall apply to any placement of wireless facilities outside of the right-of-way. 7199.1 Purpose. The purpose of this Part is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the right-of-way of the City consistent with the City's obligation to promote the public health, safety, and welfare, to manage the right-of- way, and to ensure that the public is not incommoded by the use of the right-of-way for the placement of wireless facilities. The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities in its right-of-way. This Part shall be interpreted consistent with those provisions. E�M Application: A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a wireless encroachment permit. Applicant: A person filing an application for placement or modification of a wireless facility in the right-of-way. Base Station: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(1), or any successor provision. Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision. FCC: The Federal Communications Commission or its lawful successor. Municipal Infrastructure: City -owned or controlled property structures, objects, and equipment in the right-of-way, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the right-of-way. Permittee: any person or entity granted a wireless encroachment permit pursuant to this Part. Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i)- Personal Wireless Services Facility: means a wireless facility used for the provision of personal wireless services. Right -of -Way: shall have the same meaning as in Article VII, Chapter 1, Section 7100.24, but shall also include any portion of any road or public way which the City has the responsibility to maintain or manage. Small Cell Facility: shall have the same meaning as "small wireless facility" in 47 C.F.R. 1.6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below): (1) The facility— (i) is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C. F. R. Section 1 . 1320(d), or (ii) is mounted on a structure no more than 10 percent taller than other adjacent structures, or (iii) does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume; (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; (4) The facility does not require antenna structure registration under 47 C.F.R. Part 17; (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x); and (6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b). Support Structure: Any structure capable of supporting a base station. Tower: Any structure built for the sole or primary purpose of supporting any FCC - licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. Underground areas: Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts. Utility Pole: A structure in the right-of-way designed to support electric, telephone and similar utility lines. A tower is not a utility pole. Wireless Encroachment Permit: A permit issued pursuant to this Part authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the right-of-way; and the modification of any existing support structure to which the wireless facility is proposed to be attached. Wireless Facility, or Facility: The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s). Wireless Infrastructure Provider: A person that owns, controls, operates or manages a wireless facility or portion thereof within the right-of-way. Wireless Regulations: Those regulations adopted pursuant to Section 7199.4 and implementing the provisions of this Part. Wireless Service Provider: An entity that provides personal wireless services to end users. 7199.3 Permit Requirements; Exemptions. (a) In general. There shall be a type of encroachment permit entitled a "wireless encroachment permit," which shall be subject to all of the same requirements as an encroachment permit would under Article V11, Chapter 1, Part 2 in addition to all of the requirements of this Part. Unless exempted, every person who desires to place a wireless facility in the right-of-way or modify an existing wireless facility in the right-of-way must obtain a wireless encroachment permit authorizing the placement or modification in accordance with this Part. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Part. (b) Exemptions. This Part does not apply to: (1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes. (2) Installation of a "cell on wheels," "cell on truck" or a similar structure for a temporary period in connection with an emergency or event, but no longer than * i I i 0 !I-TA4 Mr, required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities. (c) Other applicable requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the right-of-way requires the persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited, applicable law governing radio frequency (RF) emissions. (d) Pre-existing Facilities in the Right -of -Way. Any wireless facility already existing in the right-of-way as of the date of this Part's adoption shall remain subject to the provisions of the Code in effect prior to this Part, unless and until an extension of such facility's then -existing permit is granted, at which time the provisions of this Part shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre- existing facilities shall be conducted pursuant to this Part, rather than the portion(s) of the Code that it was previously reviewed under. (e) Public use. Except as otherwise provided by California law, any use of the right-of-way authorized pursuant to this Part will be subordinate to the City's use and use by the public. (a) Authority. The City Engineer or its designee is responsible for administering this Part. As part of the administration of this Part, the City Engineer may: (1) Interpret the provisions of this Part; (2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Part, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities; (3) Develop and implement acceptable design and development standards for wireless facilities in the right-of-way, taking into account the zoning districts bounding the right-of-way; (4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Part; (5) Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Part; (6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations; (7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued; (8) Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure; (9) Establish standard conditions of approval that apply unless modified by the approving authority. (10) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and (11) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application. (b) Appeals. 0-3 i 0 ltul±yel (1) Any person adversely affected by the decision of the City Engineer pursuant to this Part may appeal the City Engineer's decision to the City Council, which may decide the issues de novo, and whose written decision will be the final decision of the City. (2) Where the City Engineer grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the decision shall be automatically appealed to the City Council. (3) All appeals must be filed within two (2) business days of the written decision of the City Engineer, unless the City Engineer extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. (4) Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. II!!11I I'll 6! 11111111 11 11 111111!!1111 111!!IJIII!1�111 11�111 1�1111 11 111 P I 11!! a I- : ! & LLIAL& =7 (a) Generally. Wireless facilities in the right-of-way shall meet the minimum requirements set forth in this Part and the wireless regulations, in addition to the requirements of any other applicable law. (b) Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the right-of-way shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this Part may be waived, but only to the minimum extent required to avoid the prohibition or violation. (c) Minimum Standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the right-of- way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the right-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the right-of-way. (d) Location and Design Standards. All applicants shall locate the facilities in accordance with the standards and wireless regulations adopted by the City Engineer. All applicants shall, to the extent feasible, incorporate specific concealment elements to minimize visual impacts and incorporate design requirements in accordance with the standards adopted by the City Engineer and ensure compliance with all standards for noise emissions, unless it is determined that another design is less intrusive or placement is required under applicable law. (a) Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: City Engineer, at 11111 Brookshire Avenue, Downey, CA 90241, or such other address as may be designated by City Engineer. 0 1 a i 0 IMAM M. (b) Pre -application meeting. Prior to filing an application for a wireless encroachment permit, an applicant is encouraged to schedule a pre -application meeting with the City Engineer to discuss the proposed facility, the requirements of this Part, and any potential impacts of the proposed facility. (c) Content. An application must include: (1) Any information required pursuant to the wireless regulations adopted by the City Engineer; (2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility; (3) A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility. Before and after 360 degree photosimulations must be provided. (4) Documentation sufficient to show that the proposed facility will comply with generally -applicable health and safety provisions of the Code and the FCC's radio frequency emissions standards. (5) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached. (6) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this Part. (7) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the City. Before and after 360 degree photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally -applicable health and safety provisions of the Code and the FCC's radio frequency emissions standards. (8) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent City from complying with any deadline for action on an application. (9) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public. (10) Any required fees. (d) Fees. Application fee(s) shall be required to be submitted with any application for a wireless encroachment permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless encroachment permit unless paid as a refundable deposit. (e) Waivers. Requests for waivers from any requirement of this section shall be made in writing to the City Engineer or his or her designee. The City Engineer may grant or deny a request for a waiver pursuant to this subsection. The City Engineer may grant a request for #RDINANCE NO. PAGE 7 waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the City will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be (1) granted only on a case-by-case basis, and (2) narrowly -tailored to minimize deviation from the requirements of the Code. (f) Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the City Engineer may notify the applicant in writing, and specifying the material omitted from the application. (a) Findings Required for Approval (1) Except for eligible facilities requests, the City Engineer or City Council, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: (i) The facility is not detrimental to the public health, safety, and welfare; (ii) The facility complies with this Part and all applicable design and development standards; and (iii) The facility meets applicable requirements and standards of state and federal law. (2) For eligible facilities requests, the City Engineer or City Council, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following: (i) That the application qualifies as an eligible facilities request; and (ii) That the proposed facility will comply with all generally -applicable laws. (b) Decisions. Decisions on an application by the City Engineer or City Council shall be in writing and include the reasons for the decision. (c) Independent Consultants. The City Engineer or City Council, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Part. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards. (a) For breach. A wireless encroachment permit may be revoked pursuant to the procedure in Section 7134.2 for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (b) For installation without a permit. A wireless facility installed without a wireless encroachment permit (except for those exempted by this Part) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the removal shall be paid by entities who own or control any part of the wireless facility. (c) Municipal Infraction. Any violation of this Part will be subject to penalties as an infraction pursuant to Article 1, Chapter 2, Section 1200. 7199.9 Infrastructure Controlled By City. The City, as a matter of policy, will negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person's request for, an agreement. 7199.10 Nondiscrimination. In establishing the rights, obligations and conditions set forth in this Part, it is the intent of the City to treat each applicant or right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the right-of-way." SECTION 3: The City Manager, or his or her delegate, is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance. SECTION 4: CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council's adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Los Angeles within five working days of the passage and adoption of the Ordinance. SECTION 5: If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 6: The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. 0: 2: 2: 101TI 4 WTI Z I UT K01: A U M G I ON W, F -M, i ATTEST: MARIA ALICIA DUARTE, CIVIC City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF DOWNEY ,2019. I HEREBY CERTIFY that the foregoing Ordinance No. 19- was introduced at a Regular Meeting of the City Council of the City of Downey held on the day of 2019, and adopted at a regular meeting of the City Council of the City of Downey held on the — day of , 2019, by the following vote, to wit: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 19- was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 1 2019, (after introduction), and on 1 2019, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates: MARIA ALICIA DUARTE, CIVIC City Clerk -1- CITY OF DOWNEY Wireless CommunicationsRegulations (a) Generally. In addition to any supplemental conditions imposed by the City Engineer or City Council, as the case may be, all permits granted pursuant to Downey Municipal Code, Article VII, Chapter 1, Part 6 shall be subject to the following conditions, unless modified by the approving authority: (1) Code Compliance. The Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of right-of-way. (2) Permit Duration. A wireless encroachment permit shall be valid for a period of ten (10) years, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end of ten (10) years from the date of issuance, such Permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either (1) remove the facility within thirty (30) days following the permit's expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) at least ninety (90) days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the City and all appeals from the City's decision exhausted. (3) Timing of Installation. The installation and construction authorized by a wireless encroachment permit shall begin within six (6) months after its approval, or it will expire without further action by the City. The installation and construction authorized by a wireless encroachment permit shall conclude, including any necessary post -installation repairs and/or restoration to the right-of-way, within thirty (30) days following the day construction commenced. (4) Commencement of Operations. The operation of the approved facility shall commence no later than one (1) month after the completion of installation, or the wireless encroachment permit will expire without further action by the City. (5) As -Built Drawings. The Permittee shall submit an as -built drawing within ninety (90) days after installation of the facility. As-builts shall be in an electronic format acceptable to the City. (6) Inspections; Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the Permittee. The Permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The City shall make an effort to contact the Permittee prior to disabling or removing any facility elements, but in any case shall notify Permittee within 24 hours of doing so. a (7) Contact. The Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. (8) Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $2 million per occurrence for bodily injury and property damage and $4 million general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds. Permittee shall use its best efforts to provide thirty (30) days' prior notice to the City of the cancellation or material modification of any applicable insurance policy. (9) Indemnities. The Permittee shall defend, indemnify and hold harmless the City, its agents, officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, and other actions or proceedings brought against the City or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, lawsuits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the wireless facility or any activities or performance of the Permittee or any of the Permittee's agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the Permittee and shall reasonably cooperate in the defense. The City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense and the Permittee shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. (10) Performance Bond. Prior to issuance of a wireless encroachment permit, the Permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to $10,000. The Permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review. (11) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. (12) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the Permittee shall provide the W City with documentation establishing to the City's satisfaction that the Permittee has the legal right to use or interfere with any other structure, improvement, or property within the right-of-way or City utility easement to be affected by Permittee's facilities. (13) No Right, Title, or Interest. The permission granted by a wireless encroachment permit shall not in any event constitute an easement on or an encumbrance against the right-of-way. No right, title, or interest (including franchise interest) in the right-of-way, or any part thereof, shall vest or accrue in Permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby. (14) No Possessory Interest. No possessory interest is created by a wireless encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Permittee acknowledges that City has given to Permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a wireless encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against Permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit. (15) General Maintenance. The site and the facility, including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. The Permittee shall be responsible for repairing any and all damage however caused. General maintenance activities shall be performed on weekdays only between 8:30 a.m. and 4:30 p.m. Permittee may be required to obtain a separate public works permit for any traffic lane closures associated with maintenance activities. All graffiti on facilities must be removed at the sole expense of the Permittee within forty eight (48) hours after notification from the City. (16) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, Permittee or its representative must conduct on-site post -installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. (17) Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. (18) Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Part. (19) Agreement with City. If not already completed, Permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on Municipal Infrastructure. This permit is not a substitute for such agreement. -3- (20) Conflicts with Improvements. For all facilities located within the right-of-way, the Permittee shall remove or relocate, at its expense and without expense to the City, any or all of its facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way. (21) Abandonment. If a facility is not operated for a continuous period of 6 months, the wireless encroachment permit and any other permit or approval therefor shall be deemed abandoned and terminated automatically, unless before the end of the 6 month period (i) the City Engineer has determined that the facility has resumed operations, or (ii) the City has received an application to transfer the permit to another service provider. No later than ninety (90) days from the date the facility is determined to have ceased operation or the Permittee has notified the City Engineer of its intent to vacate the site, the Permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the City Engineer. The Permittee shall provide written verification of the removal of the facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the permit has been discontinued pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at Permittee's expense or by calling any bond or other financial assurance to pay for removal. If there are two (2) or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof. (22) Records. The Permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the Permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the City, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the Permittee. (23) Attorney's Fees. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the Permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with Permittee to waive said fees or any part thereof. The foregoing shall not apply if the Permittee prevails in the enforcement proceeding. (b) Eligible Facilities Requests. In addition to the conditions provided in Section (a) of these Conditions of Approval and any supplemental conditions imposed by the City Engineer or City Council, as the case may be, all permits for an eligible facility requests granted pursuant to this Part shall be subject to the following additional conditions, unless modified by the approving authority: (1) Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit. IM (2) No permit term extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a federally -mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. (3) No waiver of standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act. (c) Small Cell Facilities Requests. In addition to the conditions provided in Section (a) of these Conditions of Approval and any supplemental conditions imposed by the City Engineer or City Council, as the case may be, all permits for a small cell facility granted pursuant to this Part shall be subject to the following condition, unless modified by the approving authority: (1) No waiver of standing. The City's grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules. -5- CITY OF DOWNEY Wireless Design i. Adopted: r'' i f • •:' i 11111, il!11111 :: i• • ;i SECTION 1. PURPOSE. The purpose of these City of Downey ("City") Design Standards is to establish aesthetic requirements for all wireless facilities installed within the public right-of-way. These Design Standards compliment the criteria established in the City Municipal Code ("Code") Article VII, Chapter 1, Part 6 — Wireless Facilities. These Standards are published on the City's Public Works Department's Standard Drawings webpage(http://downeyca.org/depts/pw/drawings.asp) and subject to amendment by the City Engineer from time to time. Applicants are encouraged to check the website regularly for updates and to consult with City staff prior to formally submitting an application. For questions regarding this document, please contact the Public Works Department at (562)904-7102. Note: These Standards shall be enforced to the extent permitted under the Code. In the event of conflict between these Standards and Article VII, Chapter 1, Part 6 — Wireless Facilities, the Code shall prevail. SECTION 2. DEFINITIONS. The definitions set forth in Section 7199.2 of the Code are incorporated by reference into these Standards. SECTION 3. DESIGN AND DEVELOPMENT STANDARDS FOR ALL FACILITIES. The following design and development standards shall apply to all wireless facilities in the public right-of-way: Generally. The general intent for these standards is to preserve the character of the City's neighborhoods and corridors by encouraging installations that blend into the existing streetscape as much as possible and minimize view impacts to surrounding properties. The wireless facility shall be of the least intrusive design possible and occupy the least amount of space in the right-of-way possible but in no event shall exceed the limits prescribed in these design standards. 2. Height. Pole heights should match existing street lighting and other poles in the right-of-way in the vicinity of the proposed installation. The maximum pole heights are 38 feet within residential zones and 50 feet in non-residential zones. 3, Size. Maximum pole diameter shall be 18 inches. 4. Coloring. All wireless facilities shall have subdued colors and non -reflective materials that blend with the materials and colors of the surrounding area and structures. 5. Equipment Stealthing. Designs of equipment shall incorporate camouflaging and shrouding to match colors, appearance, and materials of existing facilities and screen facilities from public view as much as is technically feasible. 1, Preferred Right -of -Way Locations/Zones (in descending order of preference): a. Manufacturing/industrial zones b. Commercial zones C. Other non-residential zones (except open space zones) d. Residential zones 2. Collocations consistent with these Standards are encouraged. 3. No base shroud shall be allowed. 4. Curb Setback Requirements. Base of any new pole shall be offset 18 inches behind the face of the curb. 5, Strand -Mounted Facilities. All strand -mounted facilities are prohibited. 6. Underground Districts. Unless an exception has been authorized in the applicable undergrounding resolution, in underground utility districts, wireless facility equipment, other than antennas, must be placed underground to the greatest extent technically feasible. Installations of new antennas are only permitted if placed on an existing structure (e.g., a streetlight or its replacement) and otherwise meet the standards contained herein. 1. Antennas. Antennas shall be the smallest and least visible possible and adhere to the size dimensions listed in Section 4 below. 2. Accessory Equipment. All ancillary equipment (including, without limitation, electric meters, vaults, and fans) shall be installed underground where technically feasible. All aboveground equipment mounted on pole shall be installed within top 5 feet of pole. 3. All elements of a wireless facility (including, without limitation, antennas, cabinets, and shrouds) shall be as small as possible so as to be effectively concealed or otherwise minimize their visibility to the greatest extent technically feasible. 4. Prohibition of Generators. Generators are prohibited in the public right-of-way. 5. Electric Service. The City strongly encourages site operators to use flat -rate electric service when it would eliminate the need for a meter. Due to ever-increasing crowding of the public right-of-way and potential line -of -sight safety concerns, ground -mounted enclosures and meter pedestals, including backup power supply, are prohibited, unless required by federal or state laws or if there is no technically feasible alternative. 6. Cables and Wiring. All cabling shall be placed within the structure or shrouded and concealed from public view. D. Safety. A wireless facility shall not be located within any portion of the public right-of-way that interferes or may interfere with City and emergency operations, pedestrian and vehicular access, or the visibility of motorists. Any aboveground equipment installed shall meet the latest Americans with Disabilities Act (ADA) requirements. E. Noise. Wireless facilities shall comply with Downey Municipal Code Article IV, Chapter 6 — Unnecessary Noises. F. Lighting. New wireless facilities and wireless support structures shall not be directly illuminated, except as incidentally illuminated by an unrelated light source or otherwise required by applicable federal law. G. Signs. No logos, decals, or advertising of any type may be affixed to any element of the wireless facility, equipment, or poles, except as required by federal, state, or local law. H. Landscaping. During installation, permittees shall maintain existing landscaping. If existing landscaping is harmed or removed during 3 installation, new landscaping must be added that is consistent with surrounding vegetation (i.e., similar type and appearance). SECTION 4. DESIGN AND DEVELOPMENT STANDARDS FOR POLE -MOUNTED FACILITIES. In addition to the generally applicable standards set forth in Section 3 of these Standards, the design and development standards for pole -mounted facilities in the right-of-way are detailed below. All installations on utility poles shall fully comply with the California Public Utilities Commission (CPUC) general orders (GOs), including, but not limited to, GO 95. None of the following design standards are meant to conflict with or cause a violation of GO 95, including, but not limited to, its standards for a safe installation on a utility pole. Accordingly, size limits and placement can be adjusted to the extent necessary to ensure compliance with CPUC rules on safety. A. Poles, Generally. For facilities installed on any pole: 1. Dimensions. The maximum dimensions for antennas are as follows: a. Maximum height: five feet b. Maximum width/diameter: 14.5 inches 2. Antennas. All antennas shall be installed within the top five feet of the pole. Pole -top or side -mounted antenna types that meet this requirement and comply with the other applicable Standards are permissible. 3. Accessory Equipment. All above -ground equipment mounted on a pole shall be installed within the top five feet of the pole. 4. Cables. All cabling shall be concealed inside the pole or enclosed within a durable tubing material (e.g., conduit) of the smallest diameter necessary to protect the cabling. 5. Wind and Earthquake. Wind and seismic load capacities of replacement and new poles shall comply with any applicable CPUC GOs or applicable provisions of Code Article VIII, Chapter 9 — Seismic Regulations. & Pole Owner Authorization. Proof of authorization from the pole owner is required. If the City owns the pole, then the applicant, must enter into agreement with the City to install the pole -mounted facility. B. Street Light Poles. Designs shall incorporate, to the greatest extent feasible, the following: (i) camouflaging (e.g., matching colors and appearance using paint or other materials) to blend with 0 surrounding facilities and structures; (ii) shrouds to screen the pole - mounted facilities and equipment from public view; and (iii) any other design or stealthing techniques that will not compromise public safety or health. All equipment mounted on the street light pole shall be installed within the top five feet of pole. Installations on decorative street lights are allowed as long as the antenna and ancillary equipment are screened and blend with adjacent decorative street light poles. A sample of an acceptable design is included at the end of these Standards. C. Traffic Light Poles. Wireless facilities are not permitted to be installed on traffic light poles. D. Utility Pales. Designs shall incorporate, to the greatest extent feasible, the following: (i) camouflaging (e.g., using paint and other materials to match the color and appearance of the pole); (ii) shrouds to screen the pole -mounted facilities and equipment from public view; and (iii) any other design or stealthing techniques that will not compromise public safety or health. Further, if any ground - mounted equipment is needed to avoid a prohibition of service, permittees should utilize landscaping to soften the appearance and screen the equipment from public view. As was stated above, all antennas and equipment shall be mounted within the top five feet of the pole. E. Replacement Poles. If an applicant proposes a replacement pole to accommodate the facility: 1. Placement. The replacement pole should be installed in the same location as the pole that it is replacing or as close to the original location as possible, taking into account pole owner safety-related requirements and all applicable location and placement standards herein. Z Design. The design shall incorporate blending with existing poles (i.e., similar pole diameter, height, material, aesthetics, and color). F. New Poles. 1. Waiver Required. The installation of new poles is prohibited. Any applicant proposing to install a new pole must submit a waiver request to the City Engineer in accordance with Section 7199.5(b) of the City Code. Z Design. If a request to install a new pole is approved, then new poles shall align with and/or match the predominant pattern, distribution, materials, aesthetics, colors, and 5 heights of existing street lights and/or utility poles in the adjacent right-of-way. New poles, if allowed, shall be installed at property lines. The •. of a new pole shall • offset 18 inches behind the face of the curb. ►a ANTENNA MOUNT 701 , -,N*,l IANA (NOT INCLUDED) 0-1 MOUNTS GALTRONiCS P64901 yi I t MOUTING ARM AND LED COBRA HEAD (ARM PH LAEB6A OR EQUIV) '---zSunm% ( -�f'4 VJETROCELL, POLE TOP CONCEALMENT, 1(11N ANTENNA VIA-11%1KNI- RAWAPRSCAC-6533-P-1204D HO RF JUMPERS INCLUDED INCLUDED TRA',S1 I It)% SHROUD ANTENNA ACCESS PORT HOLE (HIDDEN BEHIND TRANSITION SHROTIED Nit t RIA t I J.- CONCEALMENT MTG POLF 10 3/4" IN OD, 24 5 FT TALL FAUX CONCRETE FINISH 0 16[ 406 a] 01 25[31 8] ININ I ACCESS PORT A SECTION A -A SCALE 1 : 25 inllllllilll