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Home My WebLink About01 ABOVE GROUND UTIL. 11-19-01AGENDA REPORT NO. 1 ~' ~,.~11:, 19-01 ,, MEETING DATE: TO: FROM' SUBJECT' NOVEMBER 19, 2001 800-05 WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CONTINUED PUBLIC HEARING FOR ORDINANCE NO. 1232 AND DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY SUMMARY Ordinance No. 1232 and the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way would establish regulations pertaining to the installation of aboveground utility facilities on public properties such as City parks, City Hall, commuter rail station, and in the public rights-of-way. On May 7, 2001, October 1, 2001, October 15, 2001, and November 5, 2001, the City Council continued this item to allow for additional input from utility providers. RECOMMENDATION That the City Council' 1. Adopt Resolution No. 01-93 adopting the Final Negative Declaration as adequate for Ordinance No. 1232 and the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right of Way; , Introduce and have first reading by title only of Ordinance No. 1232 approving an amendment to Part 6 Chapter 2 of Article 7 of the Tustin City Code related to Design Review for the installation of aboveground utility facilities on public properties and in the public right-of-way; and, 3. Adopt Resolution No. 01-95 amending Resolution No. 99-84 related to Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way. FISCAL IMPACT Costs associated with implementation and administration of the requirements of the ordinance and guidelines would be recovered through application fees identified in the general Fee Schedule in Resolution No. 99-53 adopted on July 19, 1999. Aboveground Utility Facilities November 19, 2001 Page 2 BACKGROUND Ordinance No. 1232 and Design Guidelines related to design review and design criteria for aboveground utility facilities and their accessory equipment on public properties and in the public right-of-way were originally scheduled for City Council consideration on May 7, 2001, but were continued to October 1, 2001, to allow for additional input from utility providers. In May of 2001, staff met with utility providers to discuss their concerns. Four comments from Southern California Edison, Pacific Bell, The Consulting Group representing Cingular Wireless, and AT&T Wireless were received. In response, staff sent out revised Ordinance and Guidelines for additional review and comments on August 13, 2001. Two comments were received from Southern California Edison and Pacific Bell, and comments were incorporated into the proposed Ordinance and Design Guidelines as described in the Planning Commission staff report dated September 24, 2001 (included as Attachment A of the October 1, 2001, City Council staff report- Attachment 1.) At the public hearing before the Planning Commission, AT&T provided comments that the Design Review process might .improperly introduce discretion into the use of the right- of-way; the option to submit a manual in lieu of Design Review seems vague in the Ordinance; and since technology is deliberately designed for residential areas, the prohibition from front yards is a concern. No further comments from other utility companies were provided at the Planning Commission hearing. The Planning Commission recommended that the City Council adopt the Ordinance and Design Guidelines as proposed. On October 1, 2001, the City Council considered the proposed Ordinance and Guidelines. At the hearing, new comments were received from the Southern California Edison and Pacific Bell. The City Council continued the item to October 15, 2001, and directed staff to address comments from Southern California Edison and Pacific Bell. Following the meeting, Southern California Edison, Pacific Bell, and Cingular Wireless provided written comments. On October 15, 2001, the City Council continued the item to November 5, 2001, to allow staff additional time to address comments. On October 19, 2001, staff provided a revised draft to utility and wireless providers. On October 29, 2001, Southern California Edison provided additional comments (Attachment 2), and Pacific Bell indicated that they did not have additional comments. On October 30, 2001, AT&T provided additional comments (Attachment 2). No further comments were received from other utility or wireless providers. On November 7, 2001, staff met with Southern California Edison, Pacific Bell and AT&T (Cingular Wireless was unable to attend the meeting). At the meeting, Southern California Edison and Pacific Bell indicated their concurrence with the revised Ordinance and Guidelines. However, AT&T indicated that they still have a concern with the proposed Aboveground Utility Facilities November 19, 2001 Page 3 Guidelines. The comments and staff responses are summarized in the following "Discussion" section. DISCUSSION The following comments were submitted by Pacific Bell, Southern California Edison, Cingular Wireless, and AT&T Wireless (Attachment 2 - Comment Letters). Staff responses are provided below each comment (new text is underlined). 1. The responsibility for maintaining landscaping should be clarified. Section 7.5(e) on page 10 of the Design Guidelines has been revised to state, "Any removal of landscaping necessary to install the aboveground accessory equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. Landscape materials located in a public parkway shall be maintained by the adjacent property owner and landscape materials located on public properties or in the public right-of-way shall be maintained by the City, unless provided for in a Lease or License Agreement and/or Right-of-Way Agreement." 2. The type of facilities that must be constructed as stealth facilities should be clarified. Section 5(a) of the Design Guidelines has been modified to state: "Stealth Facility. Except for street light poles being used solely for providing illumination, all other aboveground utility facilities shall be designed as stealth facilities with concealed antennas to be placed within, on, or attached to existing structures such as buildings, utility poles, light poles, utility towers, freestanding signs, score boards, towers, or fencing and shall blend into the surrounding environment or be architecturally integrated." In addition, the definition of "Aboveground Utility Facility" or "Utility Facility" has been modified to state' "Aboveground Utility Facility" or "Utility Facilities" means any aboveground public or private plant, equipment, and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, utility poles, utility towers, or other structures and their supports, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer utility services. This does not include street light poles being used solely for providing illumination, but includes facilities let-such as personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7). Also, the definition of a "Stealth Facility" on page 2 of the Design Guidelines has been modified to state, "Stealth Facility" means any aboveground utility facility which is disguised to appear as another natural or artificial man-made object such as a tree, Aboveground Utility Facilities November 19, 2001 Page 4 clock tower, score board, etc. that is prevalent in the surrounding environment or which is architecturally integrated into buildings or other concealing structures. , It should not be mandatory to use subdued colors or apply an anti-graffiti finish to aboveground utility facilities. Colors and anti-graffiti finishes should be required only whenever feasible. Section 5(c) of the Design Guidelines has been amended to state, "Colors. Any part of aboveground utility facilities visible to public view shall have subdued colors and non-reflective materials which blend with surrounding materials and colors and shall be covered with an anti-graffiti material, when appropriate." 4. Sections 7.1(b)(1) and Section 7.2(a)(2)(d) should be revised to be consistent so that aboveground accessory equipment may be located adjacent to residential properties. These sections have not been modified since they were adopted by the City Council in 1999. Section 7.1 sets forth the review process for aboveground accessory equipment, such as power supply cabinets, and expedites the review of equipment that will have minimal visual impacts. For example, aboveground accessory equipment that is located to the side or rear of residentially zoned and used properties may proceed through the concurrent Design Review/Encroachment Permit process. If the equipment is located to the front of properties, 'the equipment is subject to Design Review prior to issuance of Encroachment Permits to ensure that the visual impacts are adequately addressed. Section 7.2 sets forth development guidelines such as preferred locations for equipment. If equipment must be located to the front of residential properties, this section encourages placing the equipment as closely as possible to the shared property line to minimize visual impacts to residences. Staff recommends that the text remain as shown. St Edison Carrier Solutions, as a telecommunications provider with a Certificate of Public Convenience and Necessity from the California Public Utilities Commission (CPUC) should be exempt from obtaining a Lease or License Agreement. When the utility facility is located on public property, exclusive of the public right-of- way, such as a park, commuter rail station, etc. then, as a property owner, the City has the right to require a Lease Agreement or a License. The CPUC has no jurisdiction over such property. , Section 4.2(a) should be modified to clarify the meaning of "modification" of Aboveground Utility Facilities since wireless telecommunication facilities could be attached to utility facilities. Aboveground Utility Facilities November '19, 2001 Page 5 A definition for "modification" has been added to Section 2 to state, 'Modification means an alteration of an existing utility facility that changes its size, location, shape, or color. This is not intended to include replacement of a facility with an identical facility or the repair of the facility." 7. The opportunity to submit a comprehensive "Manual in Lieu of Design Review" should be included for aboveground utility facilities. Section 4.2(f) has been added to allow for a Comprehensive Manual to be submitted in lieu of a Design Review application. Section 4.2(f)is added to state: "Comprehensive Manual for Aboveground Utility Facilities. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground utility facilities that meet each of the requirements of Section 5 of the Design Guidelines. The manual shall contain sufficient information to verify compliance with Section 5. When a project is located within a redevelopment project area, the comprehensive manual submitted to the Community Development Department shall be routed to the Redevelopment Agency for a finding of conformity to the respective redevelopment plan. Upon approval of the comprehe.nsive manual, the applicant shall comply with Section 4.1 with respect to obtaining applicable permits. Installation of subsequent aboveground utility facilities in accordance with an approved comprehensive manual shall not be subject to a new Design Review process. 8. It is physically impossible to install aboveground utility facilities within utility poles. Section 5(a) has been revised to state that stealth facilities with concealed antennas may be placed "within, on, or attached to" existing structures such as utility poles. 9. Power supply cabinets must be placed in proximity to wireless facilities to provide power. Additional justification should be provided for not allowing these types of facilities adjacent to residential or institutional properties. The purpose of Ordinance No. 1232 and Design Guidelines related to aboveground utility facilities is to promote safety, aesthetics, and land use compatibility between aboveground utility facilities and neighboring land uses. Accordingly, these types of facilities should be discouraged to locate in close proximity of residential or institutional properties whenever possible. Therefore, further findings have been added to Section II.B of Resolution No, 01-95 to justify the location of utility facilities away from residential properties, whenever feasible. The following comments were submitted by Southern California Edison on October 29, 2001. Responses are provided below each comment. Aboveground Utility Facilities November 19, 2001 Page 6 1. Section 5(b) which outlines the requirements for a stealth facility (i.e. antennae are to be placed within, on, or attached to existing structures such as utility poles, light poles, utility towers, etc.) should include safety measures including the distance of the antenna from the structure and the actual placement on the structure. Typically, the specific requirements for installation are based on a case-by-case basis. Accordingly, sa[ety measures and specific requirements would be analyzed during the Design Review process. In addition, as the property owner of most of the utility and/or light poles, Edison would have the ability to specify their requirements prior to authorizing Design Review applications to be submitted to the City. 2. Section 5(f) which outlines landscaping requirements should be amended to include the State of California guidelines (GO 95) related to landscape requirements. Staff would ensure compliance with applicable requirements, through the Design Review process. regulations, including State 3. Section 4.2 (f)(1) requires a Comprehensive Manual to be submitted to the Redevelopment Agency if the project is located in the redevelopment project area. There is no need to provide an additional manual that has been previously submitted to the Community Development Department. Section 4.2(f)(1) has been revised to state: Comprehensive Manual for Aboveground Utility Facilities. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground utility facilities that meet each of the requirements of Section 5 of the Design Guidelines. The manual shall contain sufficient information to verify compliance with Section 5. When a project is located within a redevelopment project area, the comprehensive manual submitted to the Community Development Department shall 31so be submitted routed to the Redevelopment Agency for a finding of conformity to the respective redevelopment plan. Upon approval of the comprehensive manual, the applicant shall comply with Section 4.1 with respect to obtaining applicable permits. The following are comments submitted by AT&T on October 30, 2001. 1. Virtually all right-of-way sites in residential areas must be located adjacent to a residence or front yard. Residential sites are extremely important in providing coverage. Requiring Design Review in every case will inevitably delay installation and lead to backlog and delay, and will effectively prohibit service, in violation of the Telecommunications Act. Aboveground Utility Facilities November 19, 2001 Page 7 The guidelines do not Prohibit installation of either aboveground utility facilities or their accessory equipment in residential areas. The guidelines, however, provide criteria to minimize impacts on residential properties. Section 5 of the Design Guidelines provides criteria for location of an aboveground utility facility. Section 7 of the Guidelines provides criteria for accessory equipment such as power supply cabinets, pedestals, etc. The Design Review process is a means to implement the above criteria. Following the above criteria would allow for an expedited review process. Section 4.2.f allows for a Comprehensive Manual to be submitted in lieu of a Design Review application. Installation of subsequent aboveground utility facilities in compliance with the approved manual would not be subject to a new Design Review process. Section 7.1 of the Design Guidelines provides expedited review process when aboveground accessory equipment is in compliance with criteria and design. 2. The Ordinance and Guidelines require undergrounding of aboveground accessory equipment where technologically feasible. Undergrounding may be technologically possible, but economically infeasible. Therefore, the proposed Ordinance and Guidelines should take economic considerations as well as technical considerations into account. Different carriers have different capabilities to underground, which leads to the possibility of disparate or discriminatory treatment in violation of the Telecommunications Act. Section 7.2.a.1 of the Design Guidelines requires undergrounding of accessory equipment when it is technologically feasible. This section also allows utility providers to submit a letter of explanation regarding the hardship associated with or unfeasibility of underground installation. Section 7.2.a.2 provides location criteria when undergrounding is not feasible. Since the guidelines provide alternatives to undergrounding, staff recommends that the text remain as shown. In addition, if the City allows the cheapest installation in reviewing a Design Review application, then all providers could argue that all undergrounding of utility facilities would cause adverse economic impacts. As a result, the City would have to allow all utility facilities to be placed aboveground. This would be contrary to the Purpose and intent of the proposed Ordinance and Guidelines. Another factor to consider is the evolution of monopoles into stealth facilities. As an example, wireless facilities have evolved from monopoles into a variety of stealth facilities largely because jurisdictions required less obtrusive, and often more costly, infrastructure. The observation that different carriers have different capabilities to underground is a function of the marketplace, not City regulations. Since all carriers are treated the same by the City's rules, there is no discrimination as prohibited by the Telecommunications Act. Aboveground Utility Facilities November 19, 2001 Page 8 RECOMMENDATION As revised in consultation with various utility providers, the Ordinance and Guidelines will provide clear guidance to utility providers who wish to develop on public properties or within the right-of-way and reduce negative visual impacts associated with aboveground utilities such as wireless communication facilities. Although AT&T still would prefer that company economics be the overriding factor in locating its facilities, the flexibility in the Ordinance and Guidelines adequately addresses their concerns in a manner consistent with the City's goal of protecting the public health, safety, and community aesthetics. Staff recommends that the City Council adopt Ordinance No. 1232 and the Design Guidelines, as proposed. Justi~a Willkom Associate Planner ~T~za~)e~ A. Bir~s~cl~' ' " Community Development Director Attachments' · 2. 3. 4. City Council Staff Report dated October 1, 2001 Comments from Utility Providers Revised Ordinance No. 1232 Revised Resolution No. 01-95 \\COMM_DEV~VOLI\SHARED\CDD-RDA\CDD\CCREPOR%aboveground utility facilities in public row 11-19-01 .doc Attachment 1 October 1, 2001 City Council Staff Report AGENDA REPORT NO.. 2 10-01-01 MEETING DATE: OCTOBER 1, 2001 II Iii ...... II I II -' ' : -~: = iii --~-I 11 i i ~ I Ti I I II · 800-05 · , WILLIAM HUSTON, Cl..'I~ MANAGER TO' FROM: SUBJECT: · COMMUNITY DEVELOPMENT DEPARTMENT ORDINANCE.'NO. 1232,AND DESIGN GUIDELINEs FOR ABOVEGROUND · UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT- OF-WAY. ' ' :. SuMMARy -. Ordinance No~ 1232 and the:'Design Guidelines for 'Abovegr°und Utility Facilities on Public Properties and in the Public Right-of-way w. oul.d establish regulations'pertaining to th~.installation of. abovegmu.nd utility facilities on public properties such..as City parks, City Hall,.'commuter raiLstation, and in'the public-rights-of-way... ~: · . .. RECOMMENDATION " " .. That the City Council' 1. Adopt Resolution No, 01-93.adopting t'he Final Negative Declaration as adequate for Ordinance No,-1232 and the. Design Guidelines. for Aboveground Uffiity..Facilities on . Public Properties. and,i.n the Public, Right of Way. 2~ Introduce and have first reading by title only 'of Ordinance No,. 1.232 approving, an amendment to Part $ Chapter 2.of Article 7 of the Tustin City Code' rolated to Design Review for the installation .of ab0veground uti!!ty facilities on.public properties and in the public right-of-way; and, 3, Adopt Resolution No. 01-9'5 amending. Resolution No, 99-84 related' to Design Guidelines for Aboveground Utility. Facilities on Public Properties and in the Public Right-of-Way, , FISCAL IMPACT COsts associated with implementation and administration of the requirements of the ordinance and guidelines would be recovered through appli'mtion f~es identified in the general Fee Schedule in Resolution .No. 99-53 adopted on July 19, 1999. ,.. BACKGROUND ;. .. On December 6, 1999, the City Council adopted Ordinance No. 12t3 and Design Guidelines to regulate power supply equipment for telecommunication f~¢ilities within the Aboveground Utility Facilities October 1,2001. Page 2 Of 5 City's right-of-way. The guidelines do not regulate utility facilities that are attached to utility poles, stroet light poles, or other structures within the public right-of-way. In addition, them are no guidelines in place' for abOvegmund utility "facilities that' are located' on public properties such as parks, community facilities, or-other. City-owned properties; The City currently has two pending requests for installation of wireless telecommunication facilities at City-owned parks. GUidelines ar~ .needed to regulate these' facilities when they are located on. City-owned properties to ensure that they do not inter[om with"public Use and the designs are aesthetically..pleasing~ ; . ....... .. · This item was scheduled for City Council consideration on May 7, 2001, but was-mritinued to this maating dato to. allow for additional input from utility providor$. On $~pt~mb~r' 10, 200'1, tho Planning Commission m°omm~nd~d that th~ City Goun¢il ~dOpt Ordifian¢~' No. ~232 and Design Guidelines related to desigri reView and design criteria for abovegmund utility facilities and their' accessory equipment on publicPmperties and in the public .right- of-way. Attachment A is a copy. of.~ the Planning Commission staff i-eport, from the meeting of September 10, 2001. ^ discussion of the City's existing r~quirements, proposed standards, and public input' are included within the report. The Planning Commission recommended adoption of the standards outlined in the "Discussion" section of this report. .. DISCUSSION .. · The prop0s0d .e ode amendment would amend, the' Design 'Review of Aboveground Cabinets Ordinance and the Abovegmund Cabinet'.Design Guidelines' to address any abovegmund utility facilities. (not only cabinets) that are located either on public properties or'in the public .right-of-Way. " " . . ,. ., · In general, the"guidelines address facility location, screening, signs, accessory equipment, and set forth a review process as follows' " Location. Abovegr0und'. utility facilities should be placed underground where technologically feasible. If. the facilities .are located abovegroUnd, the facilities should be placed in locations.where them is little or no interference with public use. of the properties and the rights or reasonable convenience of property, owners who adjoin the properties. When aboveground utility facilities are located within redeveioPment project areas, a finding of conformity to the. respective redevelopment plan..W0Uld need to be made by the City,'s Redevelopment Agency prior to application consideration' Stealth Facility. Aboveground utility facilities should be designed as stealth facilities with concealed antennas to be placed within existing structures such as buildings, 'utility ~oles, light poles, freestanding signs, Score boards, towers,.or fencing .and Aboveground Utility Facilities October 1,2001 Page 3 of 5 , would" need'" to' blend .into the 'surrounding environment or be architecturally int, grated into' the exiSti'ng strueturos. .. 'Co-location: Where possible, ab0vegmund i~tili[y facilities should be co-located with existing utility facilities. The same is .appli~ble for any Oxisting Utility facilities that am.located underground within the public'i'ight~of-way. Utility ~3mviders, with 'permission to occupy the .same stractUm or publiC'right-of-way, should co-locato their Utility facilities'~ither abovegmUnd or"undergmund. ~". ' .. Colom. Any pa~t' o1' a utility~s facilities visible t°"public view Would be. required to have subdued colom and non-reflective materials'which blend with surrounding materials .and colOrS and Would 'be required to be covered' '~ith an anti-graffiti material. ' 'Screening;. For building- or structUre-mounted 'facilitieS,. screening would need to be compatible Oith' the existing architecture, color,· texture, and/or'materials of the building o~"StructUrel '" · LandScaping. When landscape scroening' is proposed or required, the landsmping would hood to bo compatibl~' with'.tho ~urrounding.l~ndscap~ am~ and Would be of a t~ and ¥~ri~ty c~aPablO of scmOning th,.utiiif~' f~¢ilitio~. ^Il landscaping would need. to be adequatelY maintained; .. · · , . Signs.-Signs for utili~ facilities would be ~equimd to Comply with'the' City of Tu'stin Sign Code. AccessorY Equipment. Accessory equiPment associated with the operation of the utility facilities would need to be designed, Iocate~:, and made part of the strUctures (i.e. as part of the. base or support s,,t.ructLire), or be located within buildings, enclOsures, or mbinet$. If the equipment is located inside a ~binet or enclosuro, it would .need to be placed in accordance with the criteria for abovegmund acr~ssory eqai~p, ment, .. ., ., ProCess. Prior to installation .of any.abC~vegmund utility, facilityl an applicant would be required to submit a':'Desi'gn R~view applicati°n and plans of the proposed location of. the utility facility .including accessory equipment located in an aboveground cabinet, endosure, or box to the Director. of Community Development. Information related to the dimensions, proposed colors, screening materials, noise levels., and 'whether them would be intorforence'with the public radio system .would be required. Aboveground Utility Facilities October 1, 2001 Page 4 of 5 , Upon the application being found complete .. by the Director, the Director or designee would review the plans using the criteria set fort'h, in the Design Guidelines for Abovegmund Utility Facilities on Public Properties and in the Public Right-of-way.'.lf the utility facilities .am to be located, within r, development areas, then a finding of conformity by the Redevelopment.: Agency would .a, eed to be made prior to the. Director's consideration of the Design Review, The Director may' conditionally approve Or. deny..the .applicatio.ns. 'If the D.esign Review appli~ti0n is 'approved, the it~m .would then be set f.'6r Ci~ Council approval of a Lease Agreement or License for a utility facility located on public pmp. erty or a Right-of-Way Agree. ment for a utility facility located in. the public right-of-way. Once'the Lease Agreement or Righi,of-Way Agreement is. aPProVed, the apPlicant Would'be required to obtain all 'applicable permits prior.to installation of the utility facility. These permits would include, but not be limited to, electrical Permits, building, permits, encroachment permits, and other permits required by the'.'City or. any.other age,ncies sUCh as the Federal Aviation Administration (FAA), Federal CommuniCation'Commission (FCC), Public Utility,Commission.~(PUC), or other County, State, or Federal agencies. ,-. Unde;rground'utilitY faCi!.itieS th'at' are not' regulated by the propoAed Ordinance and tise Design Guide.lines do not need to .follow tho Design Review process; however, they would be required to be' installed in .accordance with the encroachment permit procedures and OOuld need to have the applicable, agreements (i.e. Lease Agreement or'Right-of-Way Agreement) with the City., 0 . Ordinance No, 1232 Ordinance No.1232 is included t° accompan~ the' Design Guidelines for placement of . .. abovegmund utility'facilitie~ on' public..pmperties and in tho public right-~of-Way; Ordinance No. '1232 is an enabling ordinance which' supp0rts.the guidelines by outlining' findings and mitigation measures for impacts associated with aboveground utility, f. acilities. The ordinance also establishes application requirements and designates the Community Development Director as the 'reviewing authority, ~ppeal procedums...am also included Pursuant to Section 9272f of the Tustin City' Code. ' : Environmental Documentation " An Initial Study/Negativ. e De¢laratioh has been pmpam'd in accordance with the Provisions of the California Environmental' Quality Act (CEQA) for the proposed" 0~.dinance and guidelines {Exhibit ^ of Resolution No. 01-93 - Attachmen~ B). Since ~the proposed ordinance, and guidelines do' not involve .any .specific construction or installation of · : Aboveground Utility Facilities October 1,2001 Page 5 .of 5 · al30veground utility facilities, no significant impacts would result from the adoption of the proposed ordinanco and guidelines. '~my impacts would be ovaluated in conjunction with specific Design Review application. City Attomey Review To ensure that the proposed Ordinance and Guidelines are enforceable and do not Violate any Federal laws and policies, staff forwarded a copy of the Ordinance and Guidelines to the City Attorney. The City Attomey has reviewed and approved the form and content of Ordinance No. 1232 and the Guidelines, as proposed'. Ju~{~a Wiiik'om-' Associate Planner ., Elizabeth A:"Binsack Community Development Director Attachments: Ae Planning Commission Staff Report dated September 10, 2001 Resolution. No. 01-93 and Exhibit A (Negative Declaration)' Ordinance No. 1232 Resolution No. 0i-95 ,.R:~CDEACCREPORT~aboveground utility facilities In Public row.do<= Attachment A of.Qctober 1, 2001' City Council'~Staff.Report' Planning Commission Staff Report dated September 10, 2001 · } ' .. . Report. to the · Planni. ng Com'mission . : ' , ITEM #4 DATE- SEPTEMBER 10, 2001 TO'. PLANNING COMMISSION' FROM: SuBjECT: 'ENVIRONMENTAL STATUS: · RECOMMI=NDATiC)N · COMMUNITY DEVELOPMENT DEPARTMENT 'ORDINANCE NO. 1232 'AND DESIGN GUIDELINES FOR ABOVEGROUND UTILI'rY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY ,: · A. NEGATIVE DECLARATION HAS' BEEN 'PREPARED IN ACCORDANCE WITH THE · PROVISIONS. OF. . THE CALIFORNIA ENVIRONMENTAL QUAL~ ACT (CEQA) FOR THE PROPOSED CODE AMENDMENT .. .. That the Planning Commission' 1 Adopt Resolution No, 3774 recommending that the City Council. adopt the NegatiVe. DeclaratiOn for the approval of Ordinance No. 1232 and. ResOlution No. 00-4,4 for the Design.' Guidelines for Ab0vegmund Utility Facilities. on 'pUblic Properties and in the Public Right-of-way. 2. '. 'Adopt ResolutiOn No.. · 3775 recommending that the 'City Council. adopt: I) OrdinanCe No. 12'32, repealing Part 6 of Chapter 2 of Article 7 (Design Review of 'Abovegmund Cabinets). in its entirety and replacing with new'requirements for aboveground utility facilities.on public properties and in the public right-of-way, and 2) Resolution No. 00-44 repealing Resolution No. 99-84 related to Design Guidelines for Aboveground Cabinets and' replacing .with Design. Guidelines for Abovegmund Utility FaCilities on 'pUblic properties and in the Public Right-of-way. · BACK~ROUND On December 6,. 1999, the City Council adopted Ordinance No. 12.13 and Design Guidelines to regulate power supply equipment for telecommunication facilities within the City's right-of-way. The guidelines do not regulate-utility facilities that are attached to utility poles, street light poles, or other structures within the City's right-of-way, ln.'addition, there are no guidelines in place for aboveground utility .facilities that are located.on public property such as parksl, community facilities, or'other City-oWned properties..,The City. , Planning Commission Report "'" "~ · Aboveground Utili,ty Design Guidelines ..,..;..::...,~?...,.,,,; ....... ...Septe~,~er~-,~-i~0~:~'.:,-.:,;:.':.~.:.~.;.;--:'-..· ~,.'..'-::.',:'::;:'..'.):.;~.' :..'.:.. ~,q:., .~.','..'t.. :- .', · .... · ,...'. 5',~ ,~?"~; '''> "¢::~ '.; . ~., .;:. -- Page 2 .. ,2'~ ,:¥:i'%..":':,;.,... ..n:.'.!. ... · ,..., ~... ~.: ..... . . .~' ;..~ ... ,. · currently has two pending requests for. installation of.-~imles~...~t~le¢om~uni~tion'~fai~il¢io$~ ,. .~',~' .... ~' ,. :,.=~,~,,....-.~,, ,:; ~ : ,, ~ ~..,..,~?' :., . at Ci~-owned parks. Guidelines are needed to regula{e"th'es~e faculties ~heff' the~ ~r~~''''~ located in" C~-owned parks to ensure that they do not interim with public use and the ~esigns am aesthetically pleasing'. -':'~"~";' ":" '"~'~:~;~'~'~':':':~' "'"~":~::"~'~: "?' ..... ':~'~"::~, .. ~.,'.:~ . . This item was scheduled for the ~'i~fi~:~:~':'~0m~i~'~iS:~onsideration on '~p~ 23, 2001, but .was c0ntin~ed to ~10w fo~ additional ipput .from. utili~ pmvidem, At the ,.,.. ~...~..,:,:~.~ ~j~,~,'~.:' ~.~ ~.?:.': '.'~ ~,"~t .~ '~ ~; ~:',: '~..~'~ ,~:,' ,. '%. ~.?~:~' .-~'~:'.~. ~"": ~,,~' ~.~ ' '~.'~ ~.~, ~.,,: '";: '",. dire~ion of the Pl'~ifi:~'"~'~m~s'~0'fl':~' ~ff ~'~nt ~al~.,eo'.p~¥,..of the proposed ~'~'i~hce and guidelines {o utili~ ~mvidpm The ordinance and guidelines havo~ since, been .................... , .................. , ,,...: .,,~.~ ............ ~.,;.: ,...,,.¥ ,:, .~. · .., .... ~, ~.~ ,..:., .: .;~ ,~.;~.~'.~ ~'~;..:..:?~,~;,~:,.~..~ , ,, ~*'~:. ':.:';.~:~ '~:'~:~ ~,..~ . ' ~"~nd~ifi~d~...t6*'~..:~d~eS~h'e :'~;~ai~6~t~- 0~" ~h~e ~be,~'""~f~'* ~ireless providers." anti,~,'u~ii~ ,,.~ .... . .. ,.., .... ~ ............ ~ '.~, ~ ,~.~ ...... ~,..~. · .,.~.~ ,.~ ~.~.'.,~?.~,,-.,:-.~:?'~,.,?...,,,'.:~ . . ~:'.; .~' ~'~'~' ~,'"":' ¥~.¢ .... .? '.:.?.~i~;''~ ~,~ ..... '~.~..~ ~,,,~. L'] z ~- .~.~, ,.~ ~ ~ ~...~,.,:~ .~ ..... . .~. ~,. ;...~.. -,. ~..t.:,< .,.... · '~.~~-~anie~,~Four:~e~l~ty:~owder~ ~'rov~fl~d ¢0'mffi~g.~:-~g~gme~t 3)and responses to th~ comm~s at~"summan~o~-'~nd~rth~ ~bl~c'tn'p~t s~et~on of th~s mpo~. ~.'.~:.. .~' 1 ~ . , -, ::~ ~..:~: ,?'~..:..~..~ .?"~;" ,~.~ ,:::~,~:.,., _... :.:,; ,.~... , ~,~.,.:2~.:.:~ .~ '~.' ~,:~,'~'?;.':..;.,~..' :~.~.~ ? % ?? ,~ .,,~,~,~ ~, ......................... , · ? ,.' ~? · "..~ ..'.~F~',~::'~;,,.:~ .,,.~...~":' ....'~":-'~;,,? ~ .... ?:~..A~"':~ ~;~.~.'.~::.";$ ;:~g~..~}~ , · ? .': ':' ~ ' ;: .' .,': '.,,r,.; ' '. '~ ~: ';~ ~,,~.~," ~ ,: , ~'g..~..;' ;' ~' ' -' ''~ ,.,,,.~ 'z~.~ ~ '~' ~,~.=:. .... ~he.: 'ro ose~-.cofle,am0nd~egt~..~:..~ou!~g-'..,-r~~al }~,,~D'0~i~ .Rewew of Aboveground :.~ ......... , ,.~"~ .... ~P] ........ . ..... . ...... ~ ........ ~ ........ ,,. ~...~ ..... .,~:::,.~.~..~..~.~ :.....?.;~ ..... ~ .... :::, ~.,.~??~,.~.~..~ ~,-..~:.~.~...~, .... · ' ~ :~.~:~[.~'~.. ........... $,.,. .... ',. ' '.~;~ ..... "~.-' ~.' ....... ~".{ .' ......... ~ i' ' ' Cabin,ts O~nanc~ a~~~.~~e~muBd'.¢ab~g~t~'.~ in ~s ~ntim~ and ............. . ............... . ................................ ~ ............ .~ .. .... authodzo th~ p.mposod now ~uidolinos which.~ddmss any abova~mund utili~ facilities {not only cabinets) that am located ~ither on public PmPadies or in tho public right-of-way, . ,.~' ~.~'.?.~?.~:~ :~' }~.~,~ .......... ~..~ ............. . Abova~mund utili~ faciliUos am defined as any abow~mund public or private plant, aquipmont, and pmpo~ including, but not limited 'to~,..¥~able~;~:.wl~s;,.~ondu.i~;~,,dUcts, p~d0stals, antonnao, utility poles, stm~t light poles, utili~ towo~, or othor stm~ures and 'th~[~.~Up~.~..~~..~i~tmnics, ~n'd ~h~?.:,agpu.~d~aan.~ u~0 ..e.r~.'?~o~:,~b~;':~s~...Io Cansmit, ~m~,o.i~en,:::0.i~td~u~e;~,.¢rovid~, .~o.~.~,..~ff~.r:.:util~.~.~s~i~s:~r~..~his ..igdude~:,fao~l~le~?:~fo~r pamonal . 332(c)(7). · -,,,':,':... ' · :'~.....'~'~' '~'" ~?',"" · '~, ·" '"'-'~'.-, '. .... " . ' .... , ' ~ · ' . i · ' · Pu. bli~ro.pe~je.s ~ouid iaclude any p.ro.¢ed~es:~:~n which the C~,,~;~,u.st~n a,¢d/0r the. ~ me t A eno:;" holds ale al'~'lntemst exclus~ve'.~' '. of~Zbe GIt~s nght- · .,-:way~.~ :-.Pub~!i.¢?dght~of-way ~ou!d...:i~,lude ail: public stmots~.., sideWalks~:'and.'util~~asemen~ · . · ?.. A!tho:u:gh the.~ cmpOsed/°rdi'nanoe.' a~d~ ~e~i~;,gUid~lin~su~esI.:.. ~at,~'-ufl!~.:fa,iiities p!~¢~, ,~. u ndergm.u:nd ,::~he~ow.~.:~:.fea~ibl~,'~ lhe:' intont.';?O~., tho ~odo 'is. to~ ~:~[o~u.lat~ facilities lomted abova~mund. All undar~mund facilities am m~ulatod'undor ~a~ 3, Ghaptor 2,- A~icI~ 7 of the Tustin Gity G6do. :...'.~.~,:,~.~'~.~::~:;.:.,' ."' . ....... ' ..... ':'". .... ; "::' '~':~:~'~' ~ .... ' ~'L:'.~.: ': · : %~." ~'~ ::'" " ' ' '; · ' ' "Utili~...fac~lities, pa~i~Ulaflg. ~i. mless.,se~ces, have..:p.~0iiforated in many amas..in the" due ..!o.'~co.nsume?~domand 'for ~imless..~.~.commu~i~tions?..' ,:.:.:T0 address pot~.tial" visual . ?impa~ts .and...: sa~a~.~.?con~orns ~soCiated.::.,~i~'~ the installation ',of' abpv~mund utili~. · facii~i~s~:.~taff prepared .t. ha'.Dosi~n: GUidOlin0s 4or Abovo~mund'Ut~li~' Facii~i~s on.Public o, · . I Planning Commission Report Abovegroun.d Utility Design Guidelines September.10, 2001 Page 3 · Properties and in'the Public Right-of-Way (Exhibit B of Resolution No. 3775)i' Minor Changes have been made to the existing guidelines related to aCcesSory equipment .placed'ih. cabinets (abovegmund cabin.ets). . TO' illustrate'.the changes, 'staff has .highlighted' new text and struck thmugh"deleted text. Additional .langUage pertaining to those facilities that would be'located within. redeV'elopment' project areas .has also been add~. In general, ti~e guidelines address: faciii~ location, Screening, signs, accessory equipment, and set' forth a review Process as follows: ' ,.' · o Lc)cation. Ab°vegmund utility facilities should be placed underground where technoIogifially foasible. If the .faCilities are located abovegroUnd, the facilities shoui~;' be. placed in locations where them is~iittle or no interference With public use of the Propertios and the rights, or reasonable convenionce of property owners who adjoin the properties. When abovegmUnd util!ty facilities are located within redevelopment .'project' amas, a' finding of conformity' t° .':the respective r~development plan would need to be made. by the City'S. Redevelopment Agency id~;!or to apPlication consideration. '-~ ' .. Stoalth. Facilitvl AboYegmund utility facilities 'Should be designed as stealth 'facilities" wi~h ~n'cealed antennas to be placed' Within existing stmctu'res such as bUildi'ngs, utility i~oles, light .p~les, freestand'[ng signs, score boards, towem, or fOncing, and' would. 'heed to blend into the sun-ounding environment or be architecturally integrated'into the existing, s.tructums.' ..... Co,location. Where possible, a.boveground utility facilities should be co-located with existing util~ty'fadlities. The same is applicable for any ~xisting .u~ility facilities that are located .underground within the public fight-of-way. Utility pr0vid~rs, with 'permission to occupy the same"Stmcturo or public right-of-way, should .co.loCate their utility facilities either aboveground or underground~'..''' ,. · . ~. Any part of a utility's facilities visible to .Public' View wOUld be required to' have subdued colom and non-reflective materials 'which blend· with surroundin~ __._, ,matedals."a'nd colors and WOuld. be required to be covered'.'with an .anti-graffiti mamna~._ · " .. ' .. . , · o Screening..For building-or structure-mounted facilities, screening would' need to be ex~mpatibio with the existing architecture, '~olor, texture,' and/or materials of the building' or structure. Landscaping. When landscape screening is'propOsed or required, the landscaping " would need to be compatible with the surrounding landscape area and would be of a tyPe and vadety capable Of screening the utility fabilities. All landscaping would head to be.adequatolY maintained. · o. , · · , Planning Commission Report Aboveground Utility Design Guidelines September 10, 2001 · Page 4 . · · ~,.....~.. ,..";Sig~'s"~'~'°'""r'"'~'"t'ilitYe fagili~,,~,~.., w.O..U!d.~, b~ r,e~u, imd., to,. ,.~mp,!~, ~ith.~.,th,e. C~.~.g~iTu~tin · ,.,:.-..:. e,~ . ...".-.~ ,,~'.',' ~..:?:':', ,-e.~..?"'~..',-'~"'.~ .... ::~'~"~' '..':,.. :,', :' ..... i~':' ,~,:,, ; .:..: ,. ' ,' ; ,,. ,. ~.;,~.~., ;? .... .,.....! ...... ,.. :,...:, .,.: ~-~ .,,:,: .. :"*.-.,~s~.~"~,:" ...... '. '~i"~Q Cod ~. '~ '"" ::;,:~:'.'~'-":" "~;~.~'""~' ~'~'""' ...'~'::~e"":...:"' · . : .~ . -.-,.,: ....... . . the · Accessory Eaui~ment, Accessory eqQipment, assoc~ateo · ~t ili'~ .f..,aciii~i~s" ~o ~id n,~ to~ :, :..~.. ~.~i~__~_~,~ _ ~; ;:... ~?~ ~~.~.~. ~,.~ _.~:,ii,~,~.~e ,d:~i~o~, [ocat~d.~. ,. ,~-. ~.,.,, .... :,::.??.~ :~ ~..'.?~ :'. .,"?.","::.'.i ..~:-i~:~'"~iJ~.' ~:..::.,'-.' ";~.~ .?.;~:~;~ .... ~"~.::'".,' "~.:~:~'.'~..,.-~*.¥~"? r-;.'~:.'..~' '~ ~::~:~,s~:~., '~;~., art; ase ,nelos. ures, or ,abm ls If m nt :':'*~"~'~" ; ~" ~'~' ' "~ '~* '~"~'~ ~'""~'~'~*'~ '~' ' '" ':"' ......... '?~' ":" ........ ~" ............. '~' ' ' ...... t , in ;'.' v;.;.;s~ ,..~"';.' u,: '¢'.'~:~.~ '. '.,,~;'!:"i'{':s'-~;{:.;;~'.-';:',....'.. '.,.' ~.~ .': ~.!:".~' ;:.::'~[':'.?~'"~.,:... ?,~.~,......;z. ~ ~' .%,.~.j'..,.¢..,~.:.'..."~ ~ ',' -,...,?...' ..... :. -,., · " .., "' D~,9~16~m6nt,. 'l¥'the. utili~' fagili'.fl...e.....s., aFe..to~,be.,t..o..ci it'e. di.]' it6i 3]'i'.;&a61 i"3.9 ent areas, ".".',?'~,~.~!'~:" {~ ;:': "'-:!~i" ~ [;-~?;~'!,~' ~:,....-"; '~! ....' ':~:..-".':,~. :'.'-'?~,;~,4 :.'~ ." ":'.:.:. :'~-:"~.'" '; "'-~ .... ' ':. :~" ~ ~::'"' "''':'¥' · ".' ma~o...~.r~nor'/.to ..~,$~gn Rev...~oW. cops~er,t~:i'""i~i'"'i~{0r~~i~:''r.:~i~'~''''~d.,,:~; ,~,,..,..~ ...... ~.,~_-.,.~.~.~,~.:.~.~:?.~.?:~..?:..~.~-~..to the " .... 'z~' :": ' ;' "':'~'~t"~' ~"~'~'"~':i~:~..~i"~:~'l'.'?' ? "' .... :: ~:~.~.:'.~' '~ ''':'~.'~''4; ":.~?J~ "~:" ':.i~!~:..~'~i ~: -~ ............. dim~fis~bfi~. DrbfiOsed 'ci~lors, scmemng.?.m.,,a, te.,.,, .:ig!g.,. ,.~i~...e....:~t~ge. lg ..~.~.pld whether - . · -- -- .:~..,..' .::? {'t,'.':,~. ,,:;~ '.'~'.,; .~'. ,~'.';..~ ' ,.~,~' '..! ";,~,..:" :..A}""~:.;';: "".....~ ':'"'-:',;'~ ?':'.~. · there would be interference with the public nad'oi sys[em would'also 1Se required, -.."" ..,';,,',..-,, ,:-.~ ~ .~.:{:~ ..... '.:.~?...:i~,',: :~.': ..' .".'.'I'~'{-' ~'"';~?':':"'?, .......... ~ ~.~'-": '.'. '.'~.,, ~.' ,-..~..... .... .,: ",~ ...... ~ ...... · ...... ,-~',~,~,,,~.~..~ ........... ~,~ · .,~;,: ,.v..~ ~.. ~... ~:~,~.~:..;~ ...-~,.;; .%.--~ .. , .,:.-:,~,~...,--' ,.:-..:~ , ;-.~,{..~ .:.-. . ........ :.-. ,, .., ~ .... ..:, :.,. . ........ '~". · " Un~e~"'round~ utd~ · facd~t~es ..t,l~at..am P...O..~-re ~.! ~ed, b~ ~the~,.~.D~opo.~.'.e..~ ~rd~nance ,..:/¢.,,,. ~,¢..;.,...1. :~-',~..,,~:;'-,~;i,';".-",' ..:' ';57~: -:.?~ ~'-.' -' "~' "t~"ii f; ~ ~. '"';. '~'"'*'"""" ;'~' '"':" '~"'~ :; ;:~"' ~'' '~ ': .... '~:~'"' .... '"~"' .... ~' ' '~ .... ;e' "' ' ' and, t e Des, Gu dei, nes ido o.t? neea ~o', fbllb~ th'¢"D:~s., n ~e~/,e..w., process, ............. '~" ...... . ........ "~:" ...... ~'.".'~;'::' '::;' '" t~')~: .......... "~.' , ........... . .. '" ' ..... . 6 i:Id 5'e.",'.re,uir-ed, to; .,.m.a..c. w th the ,.,:~, .... ' -.,l..~'~-~.?.~.v.t' ~"'~"I ~'~ ~' - '"~.~; ~:' · ~ '"~' '~ ',:s .%4. :,~r1 .... , ..~..~ ~.::-t~:i;. . ,; ~, :,.~.~,:,.~.. .... ....~: ..: ..,~:.., ] ........ ~- ~ '; :' '~:'~"~'-~:',;'~':',.' ;"f~::u)':.; ,.T. ~.,..% .:,' .'~ ~:.L)'":-J.. ?~.~..:~¢.~..'. .~;..f '~.~ .,.~, ~.'...,,.':, ~, ". ..... ".?,~ ....: ..... ;"'" ". ........' ..... . ''"' ~'~.':: ;:'.'~! :'"' :":. ;'''~ . " 'enc~:oachment ermi~: ,~rocedur, es. and ..w. ou],cl.~ .noo~ t9. ~g...ve' Ih~ ~appi~¢able P ',,'.: :.';:~'~:":'.'::~:i ..',."'~:,? k',~' ;.'....i;-' .~.:?, :~?}i.:..-.r~:-::..~,.'.-."'"i:~.. '* :~".'..'e,'~..'~'. :~} .:."..'.'~.:"~,~'":.'~:."i ::::~: :.¥. :."' ':".." '.~,~' ?.2 ';;.~.:~.~.~"~"!'..':'.':" , · agreements (i.e. Lease Agreement or R~ght-of'Way Agreement~ w~fh"the City. · . ~ . :~ .,~ ....... .. .~ ..... ~.:% ...... ~,~..., i.., ~,.h " "' ''~;-;'''~''; ......... " ..... ~ '''''':'~' ~'"~ ~"''~ .... ~::'"~'[ ~'' . ,., .... ,,-... .... .~ ...... -. ~'-,.~?'. ',~¢. ~.~"}/~'~:0'.~. . .'."- '-?.' : :':';? '. 2;.'~' ~-~ ~."'.~:'~.' .:'~ "' :'~', ,~i ..'.'~'..~"~ :' '- '.;...' '..':~.":i'L ~. : ~:.~ -::.~'. ~' :~.:'-' '~.;.~..~:..:~,'~.~..~'.~.~.':.}.:,~ .:.",.: .... ,.-....:;;,.. :.-..: ., ...~'~.(,,'.; ;....:.; .~,....,;:,'.~.,..:..,.::;1:...' .-_~.~.,..:.~ ~:'~.,.' ~ ..... ~r.,::.'.. .... '..~...~ .... ~.t. ',,., . :,,. , ' · ...... · ..... · , ~.' .... ..'..-' ,' .' , · · des.~gnoe...:wo~.ld~. ~o~ew... t~i~,.pla.ns ~.,u:....s..!ng...~h~..,qr!~e~a -~.~t.,.,.....~Qrtb~.Jr!#.~.t.he Design then a finding of':~(J~fd~i~~ 'b~"'t~'"R~deg~lblS'~ent'"Agency';would ~eed to be · ,made.p....rior to. the.~Di..[eCtoKs.~onsi~eration.-'o~:~t..'.~h~e..,.D~s,ign~ Rev..iew..~,,.~...'l..;ho Director -" "' i-::~ ...~.u -.-'. .... ;".,) ~'~ .... ,.['"',~," ~.'.~";'.'".~',"'; ~';;¢'" ~'"';':~. :..'3 :~"}'"'.:'~.~":' 2;~'1:.~'; .... ;.'.' '~.~'9".,.~ "'.'~, ,f~..~.;'.~:..::"~:,~ ,.',,. '4~: .~. ~;[~".~ ~'"~, ..... :'"~','-;'-';~[~-.." ~.~.-'~:,'..t;¢ . ,. :~ · ,~ :. ' . ",...'- ',:.~ '~.J ','; ..... ,',"~ :"{' , "' · ' ............ I '-' ' ...... .- · ·' ' " W ~.~...::,:.,,.. ~ay~;.~.c.`..~a`..~¢}`t.`):~ng~:~app`;`.r.`g~:~r~`:~~:`..:..~`t...`h~A~:ApP.`~[~at`:!~:~ ~..~.!:f;,.~):.~..~.~:~.D~,g:!,gn Rewe :"'"'i ".' - a"'-' :.iic~afi6n.¥i}~~ ~'i ...... mr..ed; the it~'~6uldthen bO s~t f~o[:.C]~ c0_~cil approval for · .?. ........ :,.,% P.A...~i ........ ..~.,~,.~ .... gp... ~..~:::. ~..;~>. ~:~.,.: ..... ..:~.~.,~!~.~ .... ::.::~: :...,~..,.~.~.~.~ <~:.....~.~::~. .... ...s~.:..~.~.,.,::.? ~..~.~.i.~:~ ..... · ..... 'a E~asa ^~r:$~ent' 6r Ei~ns. ~°r a utility fa¢~hty Iocat, d on p~!ic.....~.[~p,rty or a . · Right-of-Way Agreement for a utility facility located in the public right,Of-way, · · ~'~'"':~"'~a~l~'¥i~a'n{"w~uifl.~'b$' re~l"Lii~$'3"{O"o~i~in :~il '~p'~i'i'C~I'e pe~m.i{S~p~i~[~,~b:.in,~a~ation .of the utili~ facili~.. These pe~its Would include, bu("~"~e ii~'t~'~'~,' ele~ribal ,~..,. ~..~ ..... permits, buildin~ ,p.ermjts,...~n~q[oa~hm.~.pt,p~[mits, ~~er au~ ~.~'[~z~i~,,and other ~:~.,:.:~. '.: ..,., .~, ,~.~'[~.,..;,;;:,~.:,..f ...:~.::,-:. ',.:,~,~ ,:;'~..'., ~.:~'-~:':&:' ,.~.~,..<-,~ .~ ,. '~. : .~... ,~? .,~ ,..?, , . ,,~ ............... , ...... ~ ............. '~;"' ~'"' ~:~M"Mi~'~i~fi: (~o'e}~,~..~?gi~[~e~~'..~?: °r.?deral..'~'g.~h,~i~}. .~.;~.~ .... ~::.. "'. '1 .Planning Commission Report Aboveground Utility Design Guidelines September 10, 2001 ' Page 5 · . . .. , .~;..j~- .- ... .~: ~ .... ...:?, '~, ,,;'~ .... '., ..,,.~., . . . .. ..... . ....?.. On May 1,200'I, at the direction .of the Planning Commission,. staff sent'out Copies"of the proposed Ordinance and, Guidqi.ines to..utili~ providers, Resgonsos wero received _ _. __ __,..__..,_ So uth eri~' ~' "~'i:~h~ ii~' ";~ ::':'"" ~'~':'":' :': 'E~ i~o'n, ""~'?~' ?: ':; ~ ?"'"'~-"'AT&T;'~'''::" '~'hf:I'~': ~' '"'"'~"-::'the"'~"' "?' ~"'""" ?"' :':~ :' '"': ~"""'"':' ~ COh'~Littih g': '~''''~ Group :':~' from Pacific Bell, representing Cingular Wireless (Attachment 3), In addition, at the re,quest, of .Pacific · . -- ~,..~-..;.?.,. ~'-~....'. ~,,~..:'..,~;~ ..',~ .Bell and' Southern California Edison .a meeting wa~ held to discuss thei'i"coace'rns on · , the p..roposed,.Ordinapce a...r)..,d. Guidelines. The proposed Ordi,nance. and Ggideli~es then . ,.-~ ,r:,..,~; '..'~.,:',:.~"~',.,,~'~ ,.~.'."~,~:~i";",.~ ;~...:"~. ;'i'.',:~..~..'~!., ,~'~"~ "~:"~:.'...' .?';-,.'?.'"...','."i'r?....'..'~.,~ ~.. . ..~"i:. -,~'.;','."" ,.~'~'-~','..,'?.~"~'r,~ .,...~ ;~.,'~?.,.~.,'.~ J.?.'~:,. ~.?'......-.. · Were re~se~l-."~ incorp'o, ra~e ~np~gt::.~:n~ eq~,men.".{~"frb'~'~"t.h.,~i~i'l'~""~ii'~vider~'::.' ....... '.O,.'n" August · ".. ?: ', .... ;'.~,.~, ,.,~-, ,:~, .".-.~'- .,',..,'.'..!....,':.~ ~:'~.~,~',,: '..: :.:;..: z'i.i.? '~.';,.'~ ......'...~.: ' f~.,:~.' ,,,...?.'~.? .'-.-,.,,,,~ , .. ',)~ !? .'~ .... ' '-:,~. ?'..?":,. ""' '-., '! ~.~; .~..~ ..... '",'.=~'4-'-..:~-~":,."'~ · !;'.,'".. ~.~ ,~:~:,",-.r."~".~:;:= ~i' .~ .= -..':, .'; , ?:,1:3;.'2001,; staff' serit,"out' ~ti'~ 're~§'e~I' 'Ot~lm'.a~ce"~n6 Des'~g'n, G.U-~'eI~ne§ to utd'~ prewders ':"~ ?,~=' .~';~?'".:. ~",~"'i. ',~,'.,' .~'~'?';" ,.::.'.-"'.~.~I:":....',",.~,~'~.,._.'._'~ -~' '.'.... ,:'?. ,.~..;~:,i..."'~:'~ .... :i: := i,. ;' ;..", ~. "",*"'!~ '~'.,"'".¢",...';'i ~,..' '; ,:i[:~:~ '~!~ ~.'"~,:.. 'i"., ..'".'"-.?",.~"?~ii=".,:! ': l=o:r fl~'~t.¢ ~tt~t~o.n.'a[' reg~. and co. mm~n~$': ~n't~'~.'.~.',o.~.'-'p~d.'e'r~ '($'o't~t§er~', '~'gliforn~a .~ :¢ .-,-", ',~%c; ~i' '.-'!-'.. ~'~.~,"~'~ ~i.'~'~_*.'~,.'.'~::'~.~.'..:.'' ~"' ~"~{P:~.:.'~'~¢:? ~.°~' ,~i~.>. ! .~"~.:'.. ~:?:~'.-.':'~ ;' .:;,.'."',&.',~ ¢;....u.,~::A?~:;.:'h..?G'!,~ ';"~{~ "2:"-:'" '.~ ~'>~,}'.":i,'~!.,':~:'~.'~i · : E~t~son'and' ~a~¢'i:B¢ll~} sul~m'~go~'*the~r'commenI~;: 1~ g,neml · ,.'"~...'"."~ ,...:'{ ~'~'~t.__ g[.~,~h '?::'.,.::.:-. ?,~i'::.??'.:.~?:~ ".~x.:":.'~ :. ' "' '.'-?'",..:" *' ' :~.~.~ ~'"'~ ~-. ~q'.~ "~' .~ ,¢.~.: 'r.~-~. : .. ,~.~ ..,?: )'.~.t:.: .' ~'";"~:-'.~ :"' .":'. ~.'~ ...'.' ",,r','.'..:':'~¢-'~,~ '.",'.:~,}~.;.~;A.."'"-- '~'~'- ' ~:. '""".'.'~ ~'...'..'[',~?,~¢"i:'...:... :~¢',,~,; ~'':;.~ ;"~ '~ :.-~.:...';...;~.,.. ,..~2: ,~.? ..... · ...i...~ · . .~, ~,-....~¢,¥.~-. ~*",.. · .,, ,.~? ~.,, ... ,~. -...+........,.' ~ ... . . · . . 1. cdimm'e~t:'?;'''''~' "=.'i?~:'..,,...:-,~ :'., :.~..i',~.... .... ,:,.. ,~. -'.... .,....,.~.~. ..~'=.::..~.. .:,. ,.~ ...'.~'.,. ;'.. ...... ..-,,..,.'.".,.. .... . ..... .. '.:'.:.~. ~ .......:,. :..:.:..,,!i.: -. · · · . . HoWji$ being adjacent to .residential or institutions a public safety conC~'~';-?' ..... ""' . · ....... ' .... ' ....... :'+~"' '"'i~;i~' . ....... ..~.--'::~,~,-',..--. '~' ".~'~.;i.~ : ...~i:'. ~',.~' ,, .-- :...'i:~.'-- . ~!~.-.' ;~ .. .~.~.,~' :::~..'..,.~.~,,..:!,.~'~.,',,' ,. .... .. ~ ' , .-.. ;,.~.,=, .., .~ :-,,~.>~ ,, ..~=. .... ..... .,. . ..... :.=. .... :.?..,'...'.'.:.~.r'; :-.!:.." ' ' ",. "'~": .... "."'"!i!~'.""'~' .'!:' ;'~.;.~.',', "~-":="~'~ "~.~'-:i" '.-':"?'-'~ .?.'? ".'-'.'"':" Overconcentrated telecommunication facilitiesand their, accesso.ry 'eq.u,..ipment located adjacent to sensitive residential uses such as residential csi'~;:"fai~i:i;[i'es for. · .the elderly, an~ daZ car~e homes for childron ma~ impact public safoty b¥,.either · .~.:~:.~ :', i '-~ j ~ :'.'.~'~': i'~:2',~ ,,~:~:~" .A'.~'";~.''~'' -"'.. '~ ~ ":~..,.' ..... .:'.. .'"'::.,-'~:.i.'~..:',::..~ ;- ~' ~ ~.~'~ C" ..' :...,..'"~.;.'",..~":'~"**,~ :'.?: '~.~-.,'.'~','~,'.-. .... . ...... · ..... ',.,,' .... · "blocl~!n,g 'v~.s~'B'~l'~ty for traffic .entetin.~:.~atid exit~ri~ th~" fa'~llifie~ o¢i' 't:i'¥ n~ure;"cg~idren4'"':" <',~.' '..:;.~",?; ~-.~. t~. "~...:'.: .,~t?. ='.'.~?-';- .?~ ,' ..... ':..~:,.';~..';;g~". , .'. {'~",',~':.,', .';~..;:;'.?;,~ .,-, "',...'.~':~i;: .:.'.. ::.:~ ,'.,: '.-,..;'. ;:~';~.~.'..,;,: .',~:~.~. ::.... ;" ,~.. :; ..~. · ~'i'may ~'Ut~l~ze' it~e. 'equipment e~'~hi~.ng'p..,l~~O~'.~i~'itting~a're~':'' o~er~.th'e§~ ~ ¥~il~bes and ~"~':~ ' "5'r,';;~-,.:.'~n"~.':,'.''',. ~'-~,~;" '..'?":;q' ~". "~":'t, · ',"~:'~: '.~ ~:'. ....... }, .~/.'~.~ '-~'i '."}?~:.~.~'; .:>..-'~: ~. ~.':. :. -...;..~,~:.'-....~'~.'~p? :;.~.::,~:. ...~..~": .... :"' th.~r~:aece~o~'-'equ~pm~t ¢o'~!~ln~'' powar supp. l¥~wl~'~ch may ~".~'lso · .'.' '~.~,:...'.3'.. ":'~ ,,.i[~.,"..:.~'~?~''' ..~?,;.'.:~;:!. ~:~ ' :;" ~:~::~.. ,:.?~.~.~;.~:.. ~.::,'t~:' ;!...;.,~.~. ~ .~,:..:- .,, ...~,,,, . ~....~,,~:~..,?.... .~.{.~. ?il..,..~.~..~..~......>:~.., .. · .~...... . ?' · vanel~il~xedor'b'mkon'mto'.: ............... ~ ..... .'~.~'-" -~' ............. ' .... ..~ .'~ '. ~-.'-~... "?.?" · '" :~'..': ~r~': ............ '~' '~ ""'~ ...... ~'~" .'i..'l'"~'"~':~'t"~' ..... ::.:~"! "5~::"'~'"x':'''~'':~ ?: ,~. . '-r:." '?' ' ....... .:.:::'" · ~.' ":'"~'}""~'~';-' ':' "'"" :" :' '" ..... ':~i,., ..?'~':' "X':5.::',.:; , 277.,..C6 · ~. ... . .......~,~-,...::,... ~ ..... .... ~.~ ....... ,.:.,.,.~r" ..'"~' '.'!i. ":. '~:'"" ' ' · ,, · ~'.,~ "i'~.' :,.i': ' .... ~?¥.i;''?''.''.''~ '~';"~':~.~ ...... '" ,:"' "~.~'.-'" ' .'..'." ' "~"~.'". "i;i'"".'.":. ' ' "~, ..... ....... ~ ..... ' ;".'- '~"' ...... ,,.~" .':~:... "..." ' . ., .,,~'.', ....., ~.'.".'"~'": .... "' '"_____.___W'Jt'~le~~''fa'cd~tle$~-are':''' '""'""" .... '":'"' '""~:~~""~-~'z"'~'u '-.telep'lione' ~'__.,_ __. __, ..........,~.~'~n'nr~*io,~""~'-':'~:~.~"-':"~,~ :-'~bU"id , ~ ~:.,,~ ,~,~, , .~,, . .:.. . ....~. .... .... ..., ..,... ...................... . b'e subject to a Franchise or Right-of-way Agreement. ": "::"':. :.' .... '~"~'""' '" .... "'~" ':~' ' '"' .......... · Response: ·, ' ' :':'"' .... :;.,; i- -- · ·: .... ,."".. ,':" ".,":."~.?' ...~,~:: i;;'~;'-': . ,':':~' :' ,.,:'-~,. :i'.~:.'~.~;i":.:~! ..... :; ~.~.-',., ..... .,.,~ :-".', .' . ,'.: ..,,".: .... :-~,,.. ,~.' ....... ...~;~,--':,.' . . ;?..'~',. ,~'... ... ~. ....... ~-~.~'-:' .:The 'O'~ty concu,rs'-'tha~"a'w~re!ess~ company, that ho!'ds"'a ce~ficate,¢:r li~'ens'e ':frOm the · '.~:~. ~. e", :: '~:' :;"~ ~e ','~:.": · '? ','.':.'. "~'~:"."'"f.,:"o.~.x~.. ,..,Y~,.. ~ .';','..":~ · , ...::~. .... .. :"": ,':',:.: .,- .';':; ~,..~ ·" ". ..... '.': :, .~ ~!"~ ¢,;'.,,' ~. , ....., ,. ~"' ,~:::,;.! .,.. ,' ,~ .% - ~ :~. . .... '.,. '..:... ' . ...,: :? ', ~...~ :.., ... :.. :Pabhc Utit~tles-':,Oom'm'~ss~0n~ ~s.-'-not' sul:ije~ to' a Fran¢~s~e."gr' RYg."B{~ofz~ay Ag're~ment. · '$~e;fi~h~'.'"".::72~'i'::~:6~· :~"O~dihSnrS~'~'~'~O':'' ~i232',i''~ r0'qu.i~:,".:'a~.~'~'~..~i~h~*~4..fzW~9 !'i~'~Fe,~'0ni in · ?'. ...... i,~''~:. '¢..; ~...".. ...... · ,~ .'?~.'%.~_~;.,~." :~..... '~; ~ .'.. '..'. ~. '~. ' "":, .... . '~i ... ' 'o' , ' "-~-~.~' · i ",',' ~ ~" ?.P..?:.;':: , ...... ~ ~'. '~.~. .. r.'.. i".'--*i ...... ' ::'~"~'~"::" a¢¢o~dance~w~th' ~¢!, '~..of tl~o.~ust~n ¢~ty' .'Cod~ "~f'flS:0 :t~l~m'~mu'ni~ati0:n: facilities · '., ......... ....~.~: ~. ~..'...~ ' ~:-:...a:" · .... . "':. :.~?..~.~::,.~:'..'- ~i ..: {:~i.:,"... ',., .*;~".:...'.'.'~ '? ..... ".::.':, .:i'...~x~;"i' '' ,. i!:~ ...~':' ~.::..~!~:' ..."':', am.~i°¢atod w~th~n lho:.,publ~¢..nght-of:~ay. '~rb¢l~'7 of the-'l'ust~n tha rO:q"fli'~~filS 6f R-ioht-6f~'a~'A0'~'0~e'~:h~ '~'n~'~'~x¢~p~§':~alc~'~ph~.anfl~ providom from th~ roquimm~nt. Howovar,.this doas not pmvant the .City to mquiro a l, oa~ ^~m~m~nt should tho fa¢ili~ bo iocatod within public properties, ~.o. City- · o Planning Commission Report Aboveground .Utility Design Guidelines September 10, 2001 Page 6 owned parks, City Hall, etc., exclusive of the public right-of-way. gives providers a mechanism by which to locate on City properties. This Ordinance Comment: ' . · It is impossible to place an antenna within a utility pole. Response: Although not all wireless antennas may be-Placed within, light or utility poles, 'there · am designs and m~thods utilized by utility providem where antennas are placed, on' . and/or incorporated into the .light or utility.poles. Such. providers' may include the former .Metricom, ^T&T Wireless, and.. Southern California Edison (SCE) private radio, system, An'example of such a facility is 'the improvement by Cox Communication at the Tustin Sports Park where the antennao arrays are attached .to the sides of three fie.id lights' and the wiring is contained, within ,the light poles. · · · 4. 'Comment: · Wireless corPorations are regulated '~telephone corporations," authorized to utilize the public right-of-way under the State franchise. as such are. Response' o The City concurs that. telephone corporation under the State PUblic Utilities Commissi°n is authorized to use' the public' right-of-way; howeve.r.,' .thi's does not .. prevent the ..City from managing the public' right-of-Way to: control the'orderly flow of vehicles and pedestrians; coordinate construction schedules; determine insUrance, bonding, and indemnity requirements; establish and enforce building codes; keep · track of the various systems .using. the right-of-way to prevent interference between them; require undergrounding; 'impose fees to recover an'appropriate share of the increased street repair and paving costs .that result from repeated excavation; and, enforce the zoning code. · · 5.. Comment: Radio. signals'which.require a series of antenna 'attached to. utility poles or similar existing structures would .reduce the needs for tall stand,alone antenna towers while providing necessary.telephone service. In addition, the Federal Telecommunication Act of 1906 (the "Act")limits a local jurisdiction'to regulate the placement'of wireless facilities. Further the Act regulates that a local.jurisdiction Shall not discriminate among prov!d.em and shall not prohibit the provision for personal wireless. · Planning Commission Report · Abovegr0und Utility Design Guidelines September 10, 2001 Page 7 ' Response: The City agrees the approach of utilizing micro-antennae attached to utility poles or similar structures could reduce the need to install 'stand alone (men°pole) towers. Additionally, the intent of the Ordinance and Guidelines is not to prohibit the use of the public right-of-way, but rather to allow and regulate the placement of the facilities to promote and protect public safety, aesthetics, and land use compatibility between. these facilities and 'adjacent land uses without discrimination. 6. Comment: The Act prohibits local 'government from regulating the placement, construction, and modification of personal wireless servi.ce facilities on the basis of the environmental effects of. radi° frequency. ' ' . Response: .. ' · · The proposed Ordinance and Guidelines do not regulate utility facilities based on envi.r:onmental effects but mthe'r based on aesthetics, public safety in the case of the safety of. motorists and pedestrians Using tho public, right-of-way, and ia'nd usa zoning. 7: COmment: · · The "absolute" co-location requiroment: is not. always feasible. The Ciht should add tho provision "whero t~¢hnicaily f~asibla' at. tha 0nd of. this sa~ion. ... · Rosponse: · · Section 4.2.d.5. has been revised to allow the applicant to justify when co-location is unfeasible. ' o 8~ Comment:. ' . . · . Undergrounding 'of equipment is sometimes feasible from a technical standpoint but is Ox~mmeiy costly because of the need .for ongoing maintenance access, tho danger of moisture seepage, or is simply unjustified given the relatively small size of installation. Tho Ordinance must require specific justification for undargmunding. · Response: The Ordinance Would provide the City the right to require undergrounding when it is .technologically feasible and when all other utility facilities are placed underground. This is consistent with the recent Court decision' which would permit 'the City to · , , Planning Commission Report Aboveground Utility Design Guidelines September 10, 2001 Page 8 require' undergrounding if it is consistent with the requirements impos~.d .on other utilities. o ., ':O' """ · ;':'~'.~!,i'.~: ..... ~' ' '~:~','~::''''.*;;':':'~ .... "'::: ..:. ,?.-.,.,."'.','-,::.. ' '~.': ..... ;.'. .....i:."'" ~;;."~ r .... . ~(';-.'~... .~.:~:~"~:~ ".?..,.,,,.::~. ;.' ....... .~.,. ... · . . . · ;,.~, ..:.~., .. ,.,.~.:~ · ,~.~ , ........... ~ , . . ..· ... · , , .' - r'-, ~ : .,' .? "' ..."~ · -":.,;:'".'.+.',.?::' ' ' ~ ?Yi' .?~'.:.:.~!": ' ........ :..:.., *.~"..'.t;": ~... .. ,¢:.:.~..: .~...,~..:~[~ ..*.' ., ~.:...,. ..... :. ;.....~,!,..~:., . , : ....... .~'-: ~ ?.,..,',,,~ :i >.,~.,', ,... ., ~,., ~T'h~..._e..,~,:~ I...e.,n¢,~,.~.:.ol ..,.,~otice ;f..e,.r~.... =~qui~d. r.,~mo.v, al~::.(.9..~0~, d.,a.,,.ys,;)~is ~ar,..'!o0, ,sh, o..rt:-.:;to permit .... ,, · ,,.~; , ~, ~,, ~ .,.~: ...... . . . ..... . .... . .:[;; .... ~.~ . ~ · · -.. . :...~.::.:,@,roy,,id~:~t,..~.:!~g~ a..l..t.~rn~ti~e....:=::~it.0.~:,~: ,~:h,~.:.~'e~¢e~Bo:utd~...be~ ie:.n~'heni~".to':"~..~O~' days in ............................ ' ......... '~" ~'"'~'" ~'~-~'~"" '~" '""*" ~ "~ "~ all'but v~ urg~nt.~oimum~Ian¢~;,, ~dd,i~io.nall,...y..:~~ "" mquiro a dafinifion. ,, R~$pon$a: ' . · · ......... : ............ ...,~ ~,..~ .... ~ ........ .-~..,.,, ~:,..~..i .... ~:i.i:'~..- ~'.~.'3..-', .. '¢ '"".~,~.."':~?~'~,'",.,-:~:~ .... :.~.~..".:."~. .... i '"~.i-.i '-"':~¢-~i ~.':~?~ ?'": v · . .. k:..,' ! ~t.'"'- ' '- '..,~,' ~' !"~ } ['~'" .~';¢ ~' ~ .... ~ " '~: ~ v-?' ~ w, .~. ¢'; ~' ' ~ t .... . ................... ;. ............. :..~..-..~ .'. Tgg~ ~u.!,.d.'~lin~,,s......::hav...~?~?bO~~.m¥i~od>:.~::o,~..,mquim ,.m~oval. ~:~:.w.h,n,'".d~te,minod to b~ of~.,~u b.i~¢:~ntomst and n~cessary to protect public health, ~af~ty, and w~lfam~.irt, j-~!j~U, ,.. '. .... . ... , that a.ninety (~0) day notice is eonsidarod to be adoquate to pafform 'such romoval. · " · ' .:!i';.'.i' '"'~"'~:~" ' :':''II'''' '~ : .' ,,;.~.~ . ... 10. Co m menf: .. ' · '~ ' ....~' ~ '~."~.'~:~ '~'~:?~ ~' , ..... "- }'-' ' "~.~'; ~.'. "i'~. '!~: '."' ¢ ',i,¢~,.-'"' i!i~ .:ii ' ''!' '~'~ ..... ",.:i'L:. ?.'??i '! ~i": '..?'!~ X~...' " ~ .......... ' -,.:-~.~ '~ ,~:h;~ O~id.eli,nos...:~p~o.._~gi~ ~h.oi~:~Gi_.tT.:tho~'dght~?to modi~ tho o.xi..stin'~:~boase';..Agroament to ..:.:. .~i~Bclud~O ~::.,.ma~a!..'~ mte~:.~h, at:'., is~:~.'su:~p, erior~.:.~'t.o:.~"~'~e~;~xist-in~ .,~Oase~:' ~groement. This r~quimment contradicts, th~ ossan¢~ of a ieasO contract. ~.:;;~.,.:~.~ .... :..~.,.. · 11, Comment: Preyigusly;. the ..... Cou,,B,cii?;:.di[e. qted,::-.~,· staff,',:..'te,.."ieok:.-'.inte other-.':~,,¢iti.e.'s!:....-¢ental,-...,,rates and requested't,.h.,...at::..c...ontra~t~.:?ibe...modifie.d.':,~t..o-i~'olUde,:"~-supe;fi~)'rTMmnta'l?..~ateS. ' The Guidelines however have been .modified to allow for a,negotiafion with' the City Attorney's office and the City Manager's office; The specific.terms"and~.conditions Would be based on a case by case basis. · . · , .'.= ~,~ . ;,,:. .'::,..: .',,~' "y,' ~'~' ."i'.'!':~, ~,. ".., !.; ~'C'"~... ' '~" ;",~.:,.;" .'7.'~ ~'~,~.i-' , ;.' <',';i':':"' ' ' ." .... i;~ .... : ':.'.' ..'.' ..~':;'- "':. ' · !v ' r ,.,~, "~i' ' ' ,.' .. '~' "' .,' '.'~i, i.,~. : .. , , , The Guidelines .prohibit the transfe~ of a Lease Agreement with'eat-' ,pri.ei~ Written consent, to ~he City. The Guidelines Should be modified to allow such transfer in the ...... e.~,.e,.n,,,t,:,pf.a...~ha~ge:, in .centmL.', merger;- :or, acquisition.-.;...".','.:.~?:.." ... .... '.,-~.:'." ,~.' :'?--:.." :.: ..... ; "*~' '~ ' '" "*"~''"..:i. "..' : ~ '"' ' ~¢' ...... .,:.¥~.. ..;.;~. ., ..¢,":: ..... ~'~; .' · t:~,.,~."-'.. '~ -".., .~,~.. "..'"-' '-s..~:z' .~, · , · .... Response:, · · . ...... .. ,, ...... .;'" . ,?~ :'-~. ~'~' :~;~, ' ..".~":' ...... ',' .'~.~:i:';':,. ,'-' .'~ "~."/;.: =''''" '"::.*,'" ". ~' ! - "'": '''~,' ' ' ,::E,'.'.'~ ,, ........ !~:i!'"'~::·" ~--~ '"' . ::'"' ""-; "'-.' :'?' '""' ~:';' :~"';~ '" '"" "~'"""' ' " :'~"~ ':""' The Guidelines have been modified to allow for the City Attorney and, the office of the City Manager to provide the specific terms .and conditions':""of., th"~ Lease Agreement. . ,.',~: ~-'i'~ .. ':"-~" ~ ,'.,..~'~,.. 7'.," ~ "'. ' ~ '~ ~' ?.'.~. ' *. i ..... . ) . . ' .... ;' · ,..,. ' "'~, ~ ':':"'; .""', ' '"' ~-;:~'¢,'" .. .. .. ,..,: '-' :".' [, . :y.:'.'....." ' .<":. , ,. "-':',~..~ ';'.' '' ~' · ,."'~"';i': ..... ,, . .~ ~:: ,~:'; .. ;". ' : -'!:..:-:'..~'. ,,-'i~: '~.~1:4."., ;' .!' " .. ~'::'''-... ,,. , · · ' ~' i.,. ,,'"'"' '." '" ..'."~,.~ ' · *'~ "'.::': :i.: .... ... ' .....: "~:..,'. ....""!,.'.:,' .'i "" :'" ': .... ..' '-" """' ........ " .... " "' '" , Planning Commission Report Aboveground Utility Design Guidelines September 10, 2001 Page 9 12. Comment: . .. . We recommend that the sentence Under Section 5(e) regarding maintenance and .replacement of dead or diseased plants 'be deleted. It .'is the practice 'to replace appropriate landscaping when, removed or damaged. · during construction; however, it is not the practice to continue maintenance of those landscapes. This langua'ge should be deleted or :moi:iified. Response: Section 5 (e) is a regulation pertaining to the maintenance of mo~)osed or reouired landscaPe' Screening. The Plar~ning Commission specificall~ r~queSted tha:t 'thi-s- I'anguage'.be added to'ensure that the landscaping would be adequ'ately'maintained. Section 7:'5.e'regulates the'., replacement of '"lahdscape '. materials that are damaged as a result of~.:Censtructioti, activities; ' Maintenance""'0f theSe landscaPe areas.would .continue as previously.done pri0rto'c0nstruCti0n, i.e. maintained by City or :adjacent property".0wner, etc. .,. . - ., ...: .,;. · 1.'3. Comment: ' .. · · Section 4.2.c, the word "locate" should' be' changed to "considered.'" · Section 7.1.a,' be changed to. read, "Installation of replacement aboveground accessory.equipment sbalJ~ be approved..'" instead Of ~ approved. · Define the term "adjacent" and "stealth facility." Response: · · ·Section 4.2.c has been revised to' use. the word "considered., · -.Section 7.1 .a has been revised to Use the. word "shall" instead of "may be." · The term "adjacent" means "next to, adjoining to', abuts,, etc." · The term."stealth facility" has been defined under Section 2: Definitions. 14. Comment: .. .. .. · . The phrase "No-Design Review Fee will be required" under Section '7.1.c; should be reinstated. · · Response: .. Section 7.1 .c pertains to an initial application for a review of a .comprehensive ,manual. Section 7.1.c.2 was added to aliov~ 'for installation Of accessory equipment that is in , accordance with an ap'proved manual and would not be,subject to a Design Review process. Therefore, no fees would be required. Planning Commission Report ' Aboveground' Utility Design Guideline~ September 1'0, 2001 Page 10 Ordinance No, 1232 · ,.; ~:Q.r.d:i~g~e.' .N.,e.. 1., ~.2...~..,:.~is.,....a.,.n¢!~d,. e~ :t...e.,, ~?~...c... o~....rsP. ~ny~.,the :.,,~.,~sigD. ;G~d~.!i~. es. ~..~.e,.~:~,..,p.I aG. em e nt of · No, 1232 is an enabling ordinance which supPorts the. guidelines by outlining findings and : .;{:~rd[~ ~:n...¢.e: ~.aJ¢~.e~.;. e.. st, e.b,.lj,s,h~:~ Cbp...!.i~:¢i.e,.~n::.~:: m~lCre.~..en:t..$-¢a~, d;,,.d .e.,$..ig:.~ates;,::.,t:he;,?'~._e.. mm unity' · ' ! ii . ~. .. · ~ .... ,., Development. DireCtor as,.,th~..,,~r, ev,,,~ew..~ ,~aut, hee~ ,~. ;.-&p~¢81i,:p....mcedures:..,.am,~.8.1So.,,~included ..... ~-~ ............ ~,~, ,,, ........ ~B~I .................. , ..,~ ..... .,.,?, ...... ~.. ..................... pursuant to' Section 92721' of the Tustin City Code. ., · ~ .; ~..., ..~,r',..,,.....;~ .,. ~';.= .;,., ~ ...,,~,. 4~:.?-,' · Environment~! Documentation .. · ' ..... ~*~'47 ~; .... ;~' ........... ~:'~ '"'"'ii+'~'"' ~" ~'~'~':"" ~,~, '~.~.. ~,,¢ .~.'.-,",',:,... .... ,.'..,,,;. ;~..".,.~' ~?-'*?~ ;(., ,:,,,,. ~. ,¢., ~,.?+~.?. ;:~.~;.,( ,,,.;;~. ~., ,~..:.; .,.~,, ....... ~.,~ ~... ,,,.......,,.,,~.~..~.~ ....... ..... ~, ,....,.....,.,,~,,.,,: ....... "~¢ ...... :¢:. . ~:?~..., .7!. · ...... ~,,..~'=,', '- !;i,~.¢;:,."'~ ~,,.'. .... ,;,........~;; +;~;... ... ~. ,.... :...¢...~,.......,. ~.:~,~..,.x~ .,' ;',4'. ~. ' ' "" ' .... ;.,.,-¥..,..:Ae~,,?{l nE!at,,~;~.-,.8,..t,g~/N..e,.,g.8.ti~.e..-:,.~.~De~!8mfie,a, ~,,:;has~..i.~.,..e.n':~ p..~ePare,.,.d..'?i,:in,,?.'a~ce,~r.d.a'nce;:',;.,with the -.%~.,.:p!,~,.:,,..= !,,. ~ ...... ~....? ..... ;;,~:.~:~;..~.,,.,: ......... 6.,.~--.,~:,..,~ ...... ~, ......... . ....... · .: ................ ;;.~.,.,..,, ;.,..~.; .................. ~ .............. : ...... . ...... :... ·., ....... . .... ~,.~ .......... .,,,.'-..... ~... aRd.,.,,guideliRes~' amendment~.(E~t~ib~t¢.A:.ef~.~es~t~e~.~n;.~N~.~`~:~3~7`.`~..7~..4;~:~,tta¢h..~nt~:~?.);~?~`:$,ince the · ~.,,,,,~ .., .; ., ,,~... ~,~...... : ,.,...,., .~ ,~.~¢~: ,........,.. ,.,.~,~:..,. ~.¢ .... ~- , ;,~:,~...,~,~ .,,~,.,..r..~,' · .. .~ - · ............ , .... ' · ') -4:" :'" ""¢ ~..' ........ . . .,..~ ,..';:,pm~,e,s., e,d,.,..o..,.r,..~i...n, snee a.n¢;~."L.'det~.e;.,S.,:'.~.~'.,.::n......e..,t,.'!inv....e.l~~ay ~:~..~.¢~¢;~,~.ast..m., ~[c~e?er.?;instailation '"' ~ 'o~', aB'~¢~arc~, r~d~;;~tiii~;,,.,~a.c.,;ilitie~, ne;.',sia~ifi6a, nt,,~im~.:acts:'w-'0;uld',,,. Cesult,..,¢~re.m ~t.he~'ad'e.,pti°n of , .~.3~,;,,?....,. ~ ~,,,~ ,.¢~,~' ,~,. ...... ',,..,.... :~,~,r~:..,.~¢ ~ ,,.., ............ ,~,,. .......... . ,. .......................... - _,,~, ...... ¢ ..........~,, .......................................... the prop6sed'ordinance and guidelines, Any impacts would bese....vat~aated?ia ~e,njunction with a. specific. Design Review application,' To ensure that all forms of aboveground utilities' (i,e. cables, wires, pedestals, antennae, light'poles, wireless fa¢ili~ies, i-",'et¢~) ~ould be covered, the definition of "telecommunication, facilities" was repiaced with "utility facilities," T~he8~,~c.,b.eeg~es:``~ar`~ef~e`~e~ed!i~.~t`he`.:~.~r8~.~.~g~t~``.e`.*De¢~am.tien?:?.:~..~.~.~.~.. ' . , ¢: ""* .~ .. ¢.4 ,.. ~. .. ..... ,~-,..~..~.~!,, :...' .,--:. i!.::. ,;;';,;!:,,'.'...'~,.~,¢;';.'....;,~¢~;;4f.~,~: "~.:,';::".:~'i~;(!:-~'. :;"~.' i' "':::~;~.,'?' ?.~ "':~%'?"~,B': :'"' '~ '..'-.';':,'., ': '..?. :;,~ [.;:' '-'"':",': .~. "'" city A · ' ' . .................. ,. " tt(3.r~.~v~8¥ (~ ¢'~..r;;.;.~:.:E;;~;.' ': ':"' ..L ,~'-''~..'. ;-.-:..?..',~.~f::~.."..'t ? '.,.~!:;.i:, '*'''~ '"~."~ ...... ! · ,~..~.. '.~__ ~_: __ . ~.~,..; ........ : .... ,,.~. ...... '":"~"~ ..... *' ;'~¢~'-~::. ""¢'~'¢;i:~i~';;~,"~." .';<:'.-~',' ;:.¢'*' , ..,~:! !'~i~;¢;.'~'.': ...., :: ~ ,.,.;.... :,:.,. ........ . .... ...,.,.. .?', i'"'?.!'":~ '"! To ensure that the proposed Ordinance and Guidelines are enforceable and do not violate any Federal laws and policies, staff forwarded a copy of the '.Ordi.naf~ce and Guidelines to the City Attorney..The City Attorney has reviewed and approv, ed the form and content of Ordi~ae~¢~i:~Ne,,:..-.::,...12.-3,2,a.n.d,~G.~,iCeJine.-.s¢.~as~ml~ose..d:,· ".,.,'.;'; .,....;~,,.,..~..¢~.~i~... ,..~:-:. '" ' · · ~<'. ,.4., *-' ). ;.. . .... ,,.:~.¢..~ ' "¥!~. .... " ,.,~%'?.i'"', ...... ~.'~ '~!?";" .""'"'!.';;.." .;~ ""' ""' ';'"'"~.4':::"":':'" ,4 :.?..-.?.;!~.!,'-¢ ...... E~...i-:." ~!;-~ .... ~.., ...."" '"" ..~ ' · ......... ' " " ~ ;" ,,..~..::.~.;, -.:- ......... .-"- ..." ,~",:,~'-...!:'i;' -.:, -.. :. ..i"" .¢;:~..¢? ......................... ~'~;- i~:,~'~ ~' · ''''~'''..'~- '""":.,?~;i ;~; ...... :"' "'"":.;~?i;'(*' .... '! "i .... ..... · .,.. : ~'.. ., .i::,?';, i,~"~:" "'~.~.: .... ' :'?.' .'!,.?.i:;.~:,.-.~..;... .... ~-'~,i:.,:~ .... .~.":~-.":i!,~:';~ .'-.',:i,;;'~'i '"~.,~i'!..i'" -.i?.' · ~.-'~::',:`.~.,:.i!-.'i': :',":::'"~ '-. J~j~ina Willkom- Elizab~tl~'~. B'in~aCk - · ;Ass.e. ciate~-Pla~ner .... ::~,. ,,, .. ,';., . ;:,,¢:.. ,.;,,.,,. ,., .... ;,., ,,,,~',.Ce.m.muni~::Be. veio:P, mer~t,-. D'irectdt · . . .... ; ...... ,. ....... , ., .. ~-~ ... ~ .... , ., . .. .~. .. .... . .~.,... . , ,t.,.,,,.'-~,..;:, ¢~'i.~.;:.,.:'? · '. · '~:~ t.~.,:. , Attachments' 1. Resolution No. 3774- Negative Declaration .,,...,:,.-.? ;~,,~., ?.;-..~ ,~..,.~.. ~,2?Reso!a~io, n:..No.,.3..:7,7,:~ -.,.,...G.. rdinaace~.:~o., 1~£.32. and.,."~D, esi~n Guidelines' Left. em ~m.mUtility..... Bro.~id ~'~, ..... .' ~::-..? ".-'~"',¢~. ~'-":.'.--,.-'. '"- """~'?'":':'"' ....,~:!;;:;.;; .... .... :..?~... 3,,,. · ~ ; ..:. em:i' ..:-,-,-,.,,,,~ -'. ..... . ........ ' ........... .~,'.". ..... ~. ' '",,: --!.'.;;.' '!.T"~-": ........ '~:: ~.'~" ........... '.'~::' ' -.-~' '"'~ .... '.';."¢;':~:.+~,' '!' ~'.I.7.~ ?(.; ....... i'L-'"'.'?' ;';4'!".."'~ · ;; i.=''''' ,., " '-.~' ~ " ..... ~;~D~P~.~il~Rl~a~ve~u~' ~i~. guidelines.doc . · ' ' ..... ..<~,~; :..,~..;.-....~-: . ~, ,..,.~" - · · .." -'.!.~, ....: ?::", "*.:,.:~. ' ~ .... . '."'~'...:'...,, ;~';,~.';.~'.;;'i~'"" Attachments 1 and 2 of Planning Commission Report See.Attachments B (Negative Declaration), C (Ordinance No. 1232)i and D (ReSolution 01-95) of City Council Report Attachment 3 of Planning Commission Report Letters from Utility ProViders i ;:,;.;-.<;., ~ · SOUTHERN CALIFORNIA ' .E D I SO N' An EDISON INTF_.RNATI ONAL® Company August 27, 2001. Kim Barone Scheft' . Region Mma~r Public Affairs . Ms. Jus~_ua Willkom, Planner City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Dear Ms. Willkom: Thank you for the opp0rmnity to qomment on the. Draft Ordinance No. 1232 and Design Guideline~ for Aboveground Tele¢ommm'fications Facilities on Public Prope~'ties and irt the Public Right-of-Way. ..~ While we appreciate your efforts to incorporate many of our suggested amendments to the original draft, we continUe to have some issues which we would like to discuss with you regarding the current draft, dated A,ugust 13, 2001. Among our concerns are the following: 1. Section 5 (e)' ~cveiopment Guidelines - Landscaping) - We recommend that the second sentence regarding maintenance and replacement of dead or diseased plants be deleted. We suggest usage of the same lan.guagc in Ordinance No. 1213, as already adopted by thc City Council. This language is found in .Section ,4.3 (Screening) of the Above Gr.o~d Cabinet Design Guidelines as well'as Section 7.4 of this proposed Above Ground Utility Facilities Design Guidelines drags. 2. 'Section 7.(1)/C) fAbov...e~ound. Accessory Eq .ui'pment)- in our last meeting we requested that the Phrase, "no Design Review Fee will be required and" be reinstated as approved by the City Council in Ordinance No. 1213. We believed this was agreed to at our me~.ting and yet the'phrase remains stricken in the current draft. . 3. Section 9 (f) (Le'~e Agreement or License.- Rental Fee Kate ~nd Most Favored City Clause)- we request deletion of this clause. To reiterate,, we. request and Welcome the oppgmmity to discuss our remaining concerns with you prior to the next Planning Commission meeting. I c~n be reached at (714) 973- 5548. Once again, thank you for the oppommity.to have input, r. ela.ting to this important matter. .. Sincerely, P, 0'. Box 11982 Santa Aha, CA 92711-1982 714-973-5548 · · Fax 71¢-975-5752 ' baronek@sce.com ' City of Tustin R. espons¢ to dm~ ordinance'no. 1232 August 27, 2001 Page 2 · · Larry P,. Todd,: SCE Public Affairs Alan Llorens, Edison Carrier Solutions Thomas K. Braun, Senior Attorney, SCE · · , Directo. r. ~"*,mal Affairs 17'310 Red Hill Avem. , Irvine, Cali[omia 92614 (949) 440-6638 Offi:e ((949) 250-0515 Fax .,~lte' 270 PACIFIC , ~BELL® August 27, 2001. REC. EIVED , · AU$ 2 7 2001 Ms. ~ustina willkom · AssOciate Planner Ci~ of Tusfin oo. c t t'Way Tustin, CA 92780 Dear MS. Wfllkom: · · COMMUNITY DEVELOPI ENT During our meeting on May 24, we were able to discuss some of the .concerns Pacific Bell had with the sbove stated proposed ordinance. Although many of our concerns were addressed and rectified, some issues have not been. I would like to take the time to outline those areas that are still a concern to PaCific. Be!l, in hopes they. too wiil be accepted £ayorably. Favorable acceptance would enable us to ..stand beside, you in endowing this ordinance when it is presented to the PlUg Commission. ' · . Pacific Bell is concerned with'the landscaping provisions that can be found in Section 5, sub,section' e. It is the practice .of'Pacific Bell to replace appropriate landscaping when removed or damaged during'construCtion. How~ver~ it is not the praCtice of Pacific Bell to continue maintenance of those landscapes. 'We would sUggest that this section is changed to read, ':any removal of landscaping necessary to install aboveground facilities shall be replaced with landscaping materials similar in number, type and size as approved by .the Director.s of Community Development and Public Works." .. Secondly, during our initial meeting Pacific Bell suggested s~me changes in terminology. At this time we would once again like to suggest the following changes. In Section 4.2, sub-section c, we would ask that the word located be changed to considered. So that this section would read, "Design Review approval 'for abovegroUnd 'accessory equipment associated with the operation of the uffli~t~, facilities shall be considered in accordance .... 'in Section 7 of these guidel~es." urmermore, we would ask that Section 7.1, sub- section a., be changed to ~'ead, "Installation of replacement aboveground a'ccessory I would like to thank you and the members of the Community. DevelOpment staff for the. amount of time that has been Set aside to meet~ with..P~ific Bell. We would also like to express our thanks for your' work on our suggestions with regards to ./he .proposed Ordinance No[ t272 ~nd Design Cruidelines for ~lbovegr'ound Utility Facilities on Public Pr 'o~erties and in the .~ublic J~ight -of - ~a)i. Ordinance Letter · Page 2 equipment sh, all~ be a. vprovec~ "instead of, m~v be approved. We feel that by comple~g these suggested c. hanges it will .expedite the approval process, for both City staff and companies alike. In addition, Pacific Bell would ask that the term adjacent, which can be found in SeCtion 7:1..1 be defined more clearly, as well as., to whom the mrm stealth o facility would apply. · · Lastly, we would like to address Seoticm 9, sub-section f, which addresses the Rent~ Fee Ra. te..s., and .Most, FaY. or.ed C.i_W. Clause. Specifically, we'would ask that the most-favored .city clause be taken out of the proposed ordinance.-We fe~l that this section is merely a. "safety blanket" for the City of Tustin to add new regulations as-'new ideas .from neigh, boring cities are developed. In saying this, we feel that this section is not fai~ to our company and'the many agreements that Pacific Bell has' engaged in ~~ .the City in'the.. past and will be worldng on in the' ffl~¢. In simple terms, Pacific Bell feels that this is not a good and fair business practice and would strongly encourage,..and kindly ask, City · staff to remove this section prior to seeking Planning Commission approval. · As b~)th concerned 'business partners'and corporate citizens of the City of Tustin, the' oppommity allowed to us to a'ssi~t staff~'in accomplishing the City's goal of a uniform set of abovegr0Und"facflity guidelines has' been a serious one~' We thank you for both your assistat/¢e 'and continued ~upport with this' matter. Please feel free to contact'.me should you have any concerns. Sincerely,. Elizabeth A. Bi~sa~k · Karen Peterson William Huston .. ~' $OI. rI'HERN CALIFORNIA. · E'DI SO N' . An E D ASON 'I 'NTE RNA TI O NA [,, e · May · . Cormrmni~ D~¥:lopm~m D~~m~ · City of Tusti.'n . 300 Centennial Way Tustin, CA 92780 ' . Subjeat: Proposed Ordinance No. 1232 · D~ar Ms. Bin~ack: · Kim'Rarone Scherer. Public Affairs t am writing on behalf of South:m.CaIifornia Edison in response to your. r:quest .for comment regarding-the City's proposed Ordinance No. 1232 relating.to D6sign G~d¢Iin~s for Abpvegrodnd Telecommunication Fa .ciliti~ on Public Properties and ~e Public Ki.'ght of W~.' · . As you know, Edison, along with other ut[Iity corapa~es, .worked with the City staff for nearly one year to Come 'to agreement regamd~g the City's Above Ground Cabinet Design Ordinance . (No. 1.213). A1thmigh we appre~at~ your vvillin~mss to i~6stpone thc Pla4ning Commission h~ri~:g..on this new.proposal, we are disappointe.d tha~ we were not given opportunity to work with Mou aga~ rcgarding.th~ langu~.ofth/s dra~ ordi,~,cc prior to it~ in/dM April 23 Planning Commission hearing d~t¢. · , . .... ! · · , ~ , ' Afar an initiat.r~viow, wo arg scripusly concerned about the. proposed' ordinance and behove it is too broad and far-reaching in its 1..a/~aa~c and/nt~nt Thc proposed. Ab'owground . T:lccommunicati~n Faciliti:s ordinauc~ appears to' go way beyond, what was proposed arid 6venmally .ratified by thc City C0un~ for thc A.'bo~ .Cr/ound Cabinet Design Ordinance. As written, it appears .to place unr.~onable buzdm.~s and potentialI3, excessive'costs on our ' ratepsyers. ,.. . . , · we w6uld like to request the oppommity to-meet with City staff to discuss our concerns with the · .,new. proposal as well as .our recommendation'to ke~p Ordinance 1213 intact, as ai~proved by City Couhcfi in December 1999. · · o. :aq~ain, thank you £o~ this opportuni~, to address this hnportaut matter. I look forward to hearing from. you in the near.futur, e. . · . . · · . Sincerely, Kim S~h~er . · R~gion M~uag~r · 0 Larry Todd,,Southem C~o .m~a Edison · . · · 1:;. O. Box ~ ~82 · Santa Aha, CA ~2711-1~82 ' 714.-~75-5548 Fax 714-~73-5752 · baronek@sce.com 2001 B.Ec E'IVE D .: ..~.....,-..,:: HAY ! G. 20111 . · · ,,,,, ,O Ui DB/ELOPMENT .. Ms. EIizabeth A. Jli~ack · Direotor, Cofizmt,,r-,~ty D~v~1opmcnt . Ci~ of T~ 3 O0 ~e~~i~'~:~,'ay ' T~~, CA 9278' ~ ., :-.:'.. ' ..-.'. ~.. f: , . . ..t,. · :. · .......... . ..,:.:.~,~,.~.~....r ........ · ..... .f ., , concerned ~that ",,:!"'~..~s Ordinmcc is an attempt by thc City · i!~.;::' ~;.:':'".~'.':,'.'-.'.',"' '""' .':' "":. ~.". ~:~r.'.,".,(];..' "~':.i' ;~'.., ;'~'~.~.~- ;': i:.' ?"',. : .,. .'., ~.!'?~:.:'"'.:.":;' ' : "'~ ...... ~' :"' .... ~ .... ' :'" :' b..y..:rep~,~n..' ~~;~i~:,.,~e..' m ~:'C~..~:.~:.~.~. ~e..~T .md.;8o~th¢.~' ~~:~' ..Edis0n~.d~g better-..:p~,;~...of" ' ,~:9~9,. on.:~..wha:~'~ ~-::~:I~en~.,.~ePo's~d~::-Or, race .::N6:..'~ 1:.~ 1.3, :~,~.,..:~Pa~ifi~: :~Betl was satisfied with th~. finaJ c[ocument that th~ City' Council passed on Decemberi':O'6:~":~'9~9 and wag re~dy to W~:'k w~th the Cji7 .~.0 implement, this new or '~dig,,...ante. Are ~e p~e..d., as to · . :.~,;~,, ....... ...:~,;. '" .~ .. ...... 'Z'"' ;' .' '".'i.~ .*.,.."i';~' '~'~'~" , . ;;~.....::c ,:..:~%[(~-:~.. ::..,i- 2,?.'.?/!:'..'"" :.':'""t::;';':~: "~:'~i..~,:' '~'~.;'...,:C:.:¥Y""-~ .i :t",.',., '.~: ;5':;..;'~.~'i)?~:." 2~ - :' · ' :nero '':' ~: ..... ~~'~e:'~ '"~"';("~::~:?'~' ~'~:~'~:~-~t;':':''' ..... contams:.~:' 'i' many' ~";"'"'"':':" .... onerous:':'::~'?' ......... provzszons""' .... "'"""~"'""'~' :'i ........... t~' w.-..9~d'"i'.,b...e.,.-, c,o,.~y.,.,"'"i~ "'.to.,e..,,xec'.:~. ute flor ho~ the City au~'~ P~c Bell, .. .. , i..' · ...... ' ..... ·" ' ' ~':',!;.C".'~ .~,..t....' ~ . .:' "/r ". '. ;:.:..'"' ,. ,;.~ .." :' :'~.".. '~'-" 7C '"' ; ..... ~: ..,.~iF'! '"",~:,. ''~ ' '" ~ ~0~ ~~ ~. ~,~ e~i~ ~n W°u~a i~~ ~ o~o~u~tY t°,.meet,wi~.-.,you:and..'members of your ~Lff to '.:~.~SCUS~ what looks like an ord~mc~ fl~t is intended for those wireless caz~i~rs that cond, uct bmsiness wlthlu the City limits. · ' · , , ' , ;.. .~,.. · . . , : · -,....~, ',',.. ,..::',:*:. .... ..~. We would cnco.u:eage, yo.u and members of your staff to rc~::'~Y0'~' Ordimnce 1213 ~:~.~-~. Once again, thank you for your continued time a~.....d:.~s,~e,, e on ' this very impom~.~ issue. As both concerned business psrtn~s and c0~.O.m:-~ eib.ns, of thc City of.Tus6':~,~, th~ oppo .rt/mity allowe~l to assist staff is a scrisus one..By doing so, it assists Pacific B~.:~-:~]L in accomplishing its objecti.v.~:'S'~ which am to. telecommunica~. ~.n ~rvic¢ quality available".~6 you~'Va/i~ed"~itize~:~:' i: 10'6k forward tO hearing from yo~.~ soon, .' . · P~ge 2 . · ..... Sinc~ml7, · ~/~o.hn B. S~an, Jr. ? . Director, B~mal A.ff~s · cc: Mr. Bill Hmton, City Managgr · .: The _.--. Consuiting '. .... . GrouP, Inc: · , , . May. 14, 2001 , , Ju~tina 'Willkom . City. of Tu~tin ' ' .-'...'-:.. ' " ..... '!~i~.'.-.....COMMUNITY- ~.:.',DEVELOPIIIEm' Community Development Department 300 Centennial Way... '" "' ~'~ Tdstin, Ca 92780 , ".-::..:.--:~...:.,.~,,-. ;~.-.:-~:i~:i~,:...'.'.-~....:'~.',.?....,,, ',. ", ..... Re: Proposed Telecommunications Ordinance No, .1232 .':..-.~,.:-..." ,.;:....::~,~:~....?.~:'; ? :"..'..,.'.~:~..'-,,-:;..:..~'-:?. · .'['.his 'office.represents Cinguiar. Wireless (formerly knowt~ as Pacific Bell Wireless), . , -'.,',.:. ,-.?..,.:'?~",~-": .,....',"...' .... ...-"~'~'~:.: 'i. !. ~'~..;..?.:' ~:/; · , .... The .cingular Wireless Telecommunications syste~iE'''''i't~'sfjii~ p~"~§ :~i"t~'i~i'i~d voice and data communications, as well as significant public health and .safety boner"tis for motorists and medical, fire, 15olice ~nd emergency response personnel. Cingular Wireless provides the next generaUon of wireless services for the benefit.of residents and businesses in Tusfi. n, as w~ll as for visitors to the COmmunity. . · ·· , , . · . . ~'o 'effectively pmvid, e these services'to the community, Cingu!ar Wireless has constructed a number 'of antenna ,sites in TuslJin, in accordance with the City's current planning and zoning regulations.. As demand for these serv!ces increases in the city of Tustin,. Cingular Wireless may r~.~ed to add a few more antenna sites. '.' . Cingular Wireless has reviewed the Draft Ordinance and takes this opportuMty to make a · ' nurn.ber of comments.' We have been informed that this Draft Ordinance is intended to be sent to'the Planning Commission for consideration' on June 11, 2001. , , section I Findings, Item F, Bullet I · . . ' · States: "Public safety could be negatively impacted if the telecommunication facilities and their accessory ~quipmant cabinets are: over concentrated in specific areas, close to intersections thus impacting motorist visibility; adjacent to Sensitive residential or institutional uses;... '.." · How is being adjacent to residential or institutions a public safety concem? . Section 2, Part 6,. Item 7260 'Purpose and Findings , · .. · · States' "Reasonable compensation for permitting private use of'public properbj and the public right of Way is also neces.sary to offset the right of way maintenance cost ...... " Cingutar WireleSs is a regulated "telephc~ne Corporation".. It holds a registration, in lieu of a Certificate of' Public Convenience and Necessity issued by the California Pubic Utilities. . Commission; authorizing it to provide' wireless telecommunications services throughout the sl~ate, The uss of the-right of way by telephone corporations is .already a permitted use under state franchise. It is not a conditional dght and is not subject to governmental conditions. It is a vested fight protecl~ed by the state and federal constitutions. " o Wit.h respect to the facilities installed in the public right of way, Section 790t of the PUC code, prohibits 1oca! jurisdictions from c. ha. rging monetary compensation in order to use the fight of . · 18.5.00 Von Karman Avenue, Suite 870 · Irvine, CA 92612 -.Phone: ~949) 477-3010 · Fax: (949) 477-2370 ,o · · way.,,,.,~ Are these maintenance, cost being 'charged. {b"ail utilities and:users of the public right .of W~. ,. · . · Set'ion $: Bev,iopment Ouii:ieiine$, Item a) . · · Il ' . ' · · ' · ~ , ' ' ' Stme$ Aboveground T~lecommun~cabon f~cd~t~es shall' b~ d~signed as' Stealth f~cilities with concealed antennas t° be Placed Within .existing structures such as building', utility poles, ..... · · It is impossible to.Place an antenna within a utility pole, " " , SectiOn 7..1 Pro~ss, Item b, I~ullet '1. ' . . States "No cabinet-may be located adjacent to a front-yard area of a residentially zoned or. used property." . · · · tin'guilt Wir~l~ i~ ~ mgulatod ¢~rtificat~ of ~ubli¢ Conv, ni~nce and ~%e~ity i,$u~d'by the California.Pubic'Utilities · ' · Commission; ~uthori~n~ it to provid~ wiml,~ t~i~¢0mmunic~tioh$ $~rvi¢~ ~hroughout th~ state. 'The us~ of the dght of. w~¥ by telephone corporations i~ already a"p~h'nitt, d us~ under. st~t~ franchise. It.is not a conditional right and is not subject to govemm~nt~l ¢ohditions. It is vested right protected' by the state and federal copstituti0,ns. ' . · ConCluSion , . . ... .. . · Cin~ular. Wir~l~ would iik~ to. work ¢lo,~iy with th~ City to .achi,ve an ©rdin~n¢~, w~ich ' balance~ m~onabl~ Io¢~I mgulato~ ¢on¢,m~ with both tho ri~ht~..of tho wireless companies under. §tat~:'f~d~mt law~ and th~ practicalities of wireless t~i~¢ommuni¢~ti0ns. writtori, th, Draft Ordinance' i~ ~ gOOd fii~f ~ffort~ but it n~ds ,om~ work. Th~ ruminants and obs~rva~i'ons ..... marl.? I'i~.r~ in am d~n'e in ah ~ffOrt to a.'~isI ~h~ city' in d~voioping it~.. .n~'xt draft.. , · . . · Cingular wireless appreciates this OppOrtunity to comment, and will make itself available at any time to answer.any questions, which the Commission may havo.c~nceming Our service to the Tustin community. · "' · Ver~ .truly yours, · ... ~lte . · Manager- Right of Way (714)883-5749. tholte@tcgsite,c°m iLI · . · . , e · i. ,. , o o · ..MACKEI~ZIE & ALBRITTOBI LLP ,- . ~a,¢ 1~~c6, CAza~m,q~ 94104- · . , , -. - ~ ...... ... :, ...... . ..r, v1.~. ~ ..... ,.... '. " · :;'V';'?-"..- . , . . . , . , · , · ~ , . , '.l~~a W~om "" ..... ' ' .... Lorn' .......................... J~,y, Es~.' .................. ~so~~ Co~mV-Dev~16pm~m D~p~~i' ': ......... 701"gb~ P~~:gt";~'"8~006 Ci~ of Tus~ ' Or~g.e,.~ 92868~ ~760 ' · · ~s~ ~9z78o . '. . . ' . ,. . ",~.. ',0'. ~3[:~'"~"' ~';?D/~' ~,. "' , :~e~. :.~:~ 'F~". '.'tO~:~' ..:: ~3~' :~'"~'3~'~::,:,: ,¢ .... ;,?' ?.:"¢ ".~ ~./;~ ~, '.9~"tg.~U,;, "~./:':~.;~. ~::' ' r~ .. . .- ~ .' ~ 'r~C~L .... . . , , ,:,~;~.,~.} .....~.. ,,,.¥., ..:.,.. ........ ,, ~..,~,~,~..~. ~.~ ,i.: i .~-,,ri ~ ....... · .... .~ '~, .';)..w:..:~, '.': "%." .-~ .-~-, ~?. ,. ..... ,. ,,.~ ..~,.~, . ............ ' ,...~ ..... ~ ...... ~.,~;. · ,~ .... ,- ...... .,.~. · ' ' ""~'~"':'~'"' *"?'~'-?" ~ .... ~ .... .... :-~ ~' ~'~'~'"P"'~'"~;~"""~""":~'~;'"~ ? ........ ~.'" ..... '~' ~'~'?'"'.'r' ........ ":' '";~:i~.*"~,., ~.,:;,~ .... '"'"~'~ ......... :~ ~.,~ .... ~.,':'"', .......... ~"": '"~'q' '~ ...... ~" ..... ~+~"~ "'~"'i'" ....... i.:;: ..... ¢-.'T; ~.~.~ ........ '.,..~, ~-~{ ....... ~' .~ ..... } ........ ~,.~.~ ,.:~ '~x¢'-~ .... .,;~,~,~.~..,~,.P~. ,~-~ ,~. :.-.~<.;~:~,...;,.t,¢~.~..? ~r4.?.:? ~.'..~ ' .. pra~c~ ~ mleco~.~cadon~ ~w, p~c~ly m~ ~a~, ~ss ~d t~d us~ ~su~s. We. '~ wiling ~ conn~on' with ~e City of Tusfin's Proposed ' O~fle~nes for Above-~ounfl.T~teco~m~caEon FaC~d~s on Pubic PrOposes , ,..' ,. ....... .. .. · .. ¥.;..,. ~.. ~:'. (.;. ;~'~ ;'~,.,,,' Ord~au. c~ s,.~m,s ~h~.....Ci~ ~vi]2 .~.....~ ".,,;..-. ','. ...... .. ~,:,~ ........ :-,; ,,.~:,:~ ~' .?~.:.-'- . ' si~~, req~es a series Of concerns about ~ ~p~ AT&T Wk~s pubic ~ghm-of-wa~. ~e. ~ghvof-way · ~mn~ mom~.m' e~~ag of-way c~e~ ~ ~po~t pubic b~ef~ ~ ~m k ~ums '~. a~fl.. ~ar ~ ~d2~o~ . "~ ¢'¢ ~ '5 .~ ~;t:.'~ -. ~ ~' ~ ;:. ,, · ..~.. .,' , · ~ ~ ... w~ess ~tema si~s. AT&T' , mlecommm~do~ se~~ to ~ gmer~ pubhc ~'m ~ergency perso~l,-,,mol~mg' ~ I.".. .. ~e, poet= md ~b~~ce s~~s. It h~ b~n ~sued a Co.cate of"~bH~'Con .~~~ , , , , 7~~ ~il~om · Lois ~effr~y, Esq. May 1~ 2001 . , . Page 2 · Certs/n principle.of sram law apPly to AT&T Wir~Icss by virm~ of ira' '~~ ~'a'~phoue co~omd~ ~ ~ ~Icphon~ colorado,, ~T&T ~cless .~ Chided ~ a ma~ of~w ~der S~on 7901 of~c C~0~a ~b~c U~fi~ Co~ ~ ~~ ~q~m~nt f~d~s "~ong ~y p~bHc ro~ ~ Mghway*' proud im f~dcs ~ not "~commode't public ~e of ~.ro~sy.+ Under S~fion 7~01 $ le~ j~~cdon do=s not. ~v~ ~scmQon_m d~y a ~~honc cb~omfion a~s to a pub~ dght-.of-w~y or m ~~ge comp~to~ f~s; ~.ic~y ~ ~ght-of-~zy ~a6o~ ~volw i~~ce of ~ ~nc[oac~cm p~it to pl~ f~~s on u~v pol~ or s~t H~. . · . In ~dflition, ~e red--al Telecommunications'Act of 199'6 (the "Act") contains fundm~emt~ limits on the fight oft local.jurisdiction to..r~gulam the Placemeat of wirel~s~ facilities. 47 USC Sec%ion..332(c)(.?)(B)provides thatlocal regulation: " (!)' shall not unreasonably discriminate among.providers of function'ally " : · · .equivalent..ser~ices; and... , . · .. , , (II) sh,,91 not prohibit or have the affect of prohibiting'the provision of . personal wireless s~rvices. . · . ' ' '"'~" W.kh.respectto md).o freque,~y emissions, the Act sta~:s fn 4.7 USC section 332ic)(7)(iv)..that: .. .. · · o ~ , . · .' ..... No. Stat,., or local gov~n_ment or .i~~en~~ thereo~ may'.regulate'the · placement, cons..truction, a~d modification of p~rsonal wireless service' : fac~ties on'the basis of the en.vironmen~ effects .of radio frequency . ' emi.'ssions, to the extent tha~ such facilities Comply v~th,~__, C0mm~sion's . regulations concerning such ~missions. ' . ; -, ..-~ .. In:additionl ~,.,.~ req'ak, s.that' loeali~ a~ on dting reques~ "wi~n a · ' reasonable period of time;" and that decisions to deny a~ applica~on must be .sdpporte, d by "substantial evid~ee.' 47 USC $~t. ion 3'32(¢)(7)(B)(/i) md (iii).' . ' .. : · ' The limks'.on a ¢it~;s ability to restd~t Wk~less f'acS~'es irt public rights-of-" Wa7 ~ave b~en made even m°re ,lear in Cim of Aubam -v._ ~~$.'.t Comorati.~_n, -,- F. 3d' , 2001 WL 41004-3 (9~ Cir. (Wash)), a dec. on which wa~ fiI~ .~t ~hree wee~ ago, o~ April 24, 2001. : ' .. · , 'Our overall concern with ~fcspcct to the new Ordinar/c¢ is to ensure that it. . provides s .tream~cd proc~ss~g and. complies with. both sta~.law ~nd the Tclecommunic~o~ Act ..'. ' · . · · . ~ In re: (~T]~ M0bilNet of.San ~ose, ~-.P... etc. 22.C.P.U.C. 2d 25. (Cal: Pu~. Ufil. C6n'um. 198~). · . ( '" ( i .' Lo~s Jeffrey, E~q.. ' ~ ' ' ' . - . ' May 15, 200.1 . "' .~ . · · · o .. Page 3 ·',. ' .'. · ' · o o · · 1. ,, · ~,~t¢ Law Proh~bffs the,, Ci~ from,~mpos~.~ .Compe~s~ato~ Fees.for Us~ of ~e ' ' ~T&T Wk~s ~ a ~phone. coloron ~~.~e' Pub~q. U~~ Code (~"Code'3. A '~phonec~omfi~'"~clu~s:' . .... . . . , . , * . . . ~y ~phone-~ for. comp,mafioa ~~. ~ ~ .... · . ... .. ,. C~de ~234.. ". . · ' ' .'. ' '~epho~ ~n~".~ades: ' ~'t'. ' ....... .. ~ condom,, ducm,' po!~., wires, ~bl~, ~~m~n~, md a~~es, ~d ~ o~er r~ estate, ~~,' ~d person~ prdp~ o~~ con~olle~ ~ansmi~sion w~s.. . Code ~233. ' ' · ~e Code ~~o~ ~cl~d~s ~~ ~. de~fion'of'~ephone c~orafio~ AT&T W~less'~ pm, i~on of n~s~ m prp~de such' se~ce. ~e C~oma Pub~ U~es Comm.i~on ("CPUC') . h~ ~~ ~ a ce~~ c~cr is a Code Section ~901, to ~ ce~~.f~fies "~ong ~y pubic'mad . G_~ Mob~~.~0f $.~ lo,e, L.P.._ etc., 22 C.P.H.C.-2d 25" {C~. ~B. U~il. Co~. .1986). ~ere ~e CPUC wear 0n '· It h~ long bern Setd~ ~t ~e b~~s of m~l~g.~e p~ple wi~ .... s~~de conce~ md ~ L~~~, pm~mt m ~ au~ofi~ ~n~ned ' ~ Core. sion ~e ~cl~ve jm~cfion m supe~e' md tug.am' ' . 'ffieph6ne"..u~fi~ ~ac.Te[ .~:Tel. Co. v Ci~ of Los ~g~lcs "(1954) ~ C · ~272~. . . · · ' ' .' '. , ~_re: ~~Mob~Net of Sm J°se. ~.P:, etc., 22 C.~.U.C. 2d 25, 1 ~86 C'~.. ~Uc LEXIS 568, pp: 15-1 fi. . .': . · .:. .'. AT&T ~~less; ~ .a.~phone m~or~on, may use ~e public fighU of. way. Co~ ~7901 pr~ides a ~e stmto~ pubic fight of way: ' ' · · , · Telegraph or ~l~ph0ne co~omfiom may. ~om~ ~es of ~egmPh or. telephone dong ~d u~on ~ pubic road or ~ghwag, ~o~g or ~ross ~y of ~e wamrs or l~ds ~~n ~ Sine, md may c~t poles, po~, piers, or abu~ents for suppo~g . . , . . . . . . :i. Lois ~ffr~y., E~q. May 15, 2001 Page 4 p~c == 6f ~e' r0~ or ~ghway or ~~~ ~= na~g~on of ~= . . . offer exmnd,d ~o' telephon~ md.tel=graph comp~~ ~ ~e ~e ~ghways, w~ch offer when amep~d by ~e mmmc~on ~ m~~n~, of ~s com~tu~ a ~~g con~t ~ (!948) 32 C. g~ 378, 384; 196 P. 2a.77~,.~~~~,d, ~6' ~.s. ~2~ (1~49) ~m ~d f~er~, pro~" Id. at 385 (~~~.o~~). '"" '" ' ' . , ,'. , . , u ......... ~~~ore,. ~T&T Witless, ~ a ~pho~ co'or, on, m~y us, ~ · p ~nc rt~ o~ w~y ~ouz pa~~ of coronation. ~ Counw ~fL.A.v.' ~ou~~ 'Cfi: T~I. C¢ ~, ~~ sou~t t0 compel ~ &fe~t ml¢ph~ comply to co~~ ~c~=.~ to pry for ~e p~~g~ of m~t~g.~ ~s ~d po~s ~~ u~co~or~d Co~ty ~~. ~e Co~W ~eged, ~ong o~ c~, ~at ~ Sec~o~ .. ~$~ ' ~ ~' , .,. , 7901 ~t of.a e ~~e. c~am~, m ~co~~o~! ~ to ~e ~~ho~ '. · coloron. ~=Cou~ .~ sony ~j~~g ~s clx. held: 'qt does not lo, ow,. ' v=, ~tt b~~e?!~phpne ~ ~l~~h comp~~ ~e p=~~d ~om ~ge to ~mcr ~m~ mong m~ aignways ~c p~vf~ge gr~~ is a gff[ .'~?.~t 384.. ~ Com. re~ on ~e pubic beaeff~ prodded by ~e m~phom co~omfion: ' Ob~o~l~,.~e 'mzei~s .a Sub~fi.~ be~fit from ~e con.ned operation of suc~ a Sys~m., Id. 'at 384. ~e Co~ ~~ mj~cmd ~.of ~e Co~~'s c~s md pro~t~ ~e ~osifim of fees ... , ~ · , .. '" ~ ~p~g ~e pubic policy b,~ ~ 7901, on= court ~ smmd '~ noncomp~atou ~~ of smt~ ~~en~ ~qng. roa~, h~hways ~d ~m~ays spas . . . · e ~phon~] mm~es ~c expense of ~q~~g c~cmcn~ ov~ pfiva~ly ~~d l~d~; to ca~e ~ w~~ e~eme wo~d .~~' b~n co~ .m.' me store's pu~ose :o encourage m~'~~C~ ~m ~e Sram.. '... . · CoWry of ~S ~gel_~q v.. Oenem~ T~!~hon~ C.o_,, 249 C~.. App.. 2d 903, 907-8 (1'967), , · . " It ~ ~~om we~dse~ ~ hW ~d ~ p~ce ~at a C~o~a loc~ gove~ent c~ot'ch~ge k m~phOne co~rafiOn such ~ AT&T ~~ess' comp~ato~ fees for ~e ~e ~f ~e pubic fight of way. Such oh=ges ~ proMbi~ b~~ on a . sm~e~de po~cy m' enco~ge en~~ ~d r~uce cos~ to customers'. . 2.. Burdensome. ~ e~~~,~'~__ ~.~. ~.~ ' ' ' . ' . ~c~ r~.~~om ~t h~e ~e' ~~t.of pmhbi~g ~~s seize of App~ held ~t fi~t-of,~y o~~s ~clu~g ~h f~~ ~ "a ~~~ . ~d ~=r ~omafim ~ may be ~u~ by ~e. ~'" h~ ~e ove~ ~p~ 0f a b~er to' se~iee ~d were ~v~ ~d,r ~e Teleco~~ca~ons A~. Ci~ of Aubuw ~.. Owest ColoradO,,.-- E.3d -, 2001 ~ 410043 (9~ Ck.(W~h))' ~ere ~e eom lu~ '.roma W'~om Lb/s-~e.ffrcy~ Ssq.. M~y 15, 2001 .. Page 5 · ' "E~c~h of thes.~ req~e~m individually.'ha[s] the effe~ Of pmhibitiug Qwes~_ and other =ompauies from provid/ug ~,/~~~ations _servic.~..: T-.~,,~. t. og~ther, they create a substanlial and unlawful bm-tier.to entry into and para., rap.anon .m .m,. :.. ' . teie¢omrnunicatiom~ matters." (City.of Auburm_ supr~ Slip Opmaon at p. 5170. ' In the present $imm:ioi~ there are c,m.in mqffu'emen~ which, indi~du~y and token t0'gethe, r, are unduly burdensome and are finjustifi~ tm.der, th~ ,ircumstmces. · · . A. The "Absolu~_.'.' Co-toc~on Reauirem~ .The ~delinm require a- "signed statement, th~ ~he applicant agrees to allow'for co-locafioa of .additional telepcommunic~tioi~ facilities on the sam~ structufe, s or within~ ' the ~am~ sim location." (Section 4.2(,)(5)). The ~-fieul~ 'h~re i~ tt~ co4ocafio~, i~ not' alway~ .feasible -. particularly on stmet, l~ghtz and utility poles, whcr~ .there. is~very','~l~. !ted' spa?e or..w.,here the're is porch, rial/n, teffarenee. We therefore suggest ti/at'the city acc me. promo: ~ where · techni?.al]y'.feasibld' at the ~ud of tl~ section.. ." . ' B. U~de, r~oundin~. .Th~ Ci~ r, serves the fight ,o req~tire .that all mle,~mm~c~tions facu3ifies be ~.laced .underground when ~echnologi¢filly fcmsible. (Se, orions 50) and 7.2.) .Unde~ground~g of equipmeat is' sometimes feasible' from. the' te~~ siandPoint but extmmely costly because 0f the' ~d for ongoing rnain~nmce access, the dang~ of moiitur~ seepage, or is"simply unjustified given .the relatively small dze of the instal!at, on. In light of the' basic zight of a.tel~.phone corporation to place its · facilities in the fight of way, the' Orfi~¢e must recluire.'a specific justification for' uadergrr~unding: for'e× .~ple wh~m' sp~ifi¢ traffic/~saes req~ tha~ equipment be placed Underground at a certain su;e,t comer in order to ensure tha~ the pubtic~.s use of the right-of- . way is not significantly impaired. ' . · · · C: ~quke~ .Removal. Unclgr S;~fiO~ 5(h>, the City res~ry..es The fight to require removal or relocation of any faeilit~ on just ninety days' notice ',when dcmrmined tb be in the public intercO" We:believe the length of notice is far too short ~o permit AT&T Wireless (o locat~ alternative site'; and. We believe the "public intemsC staadard r~quixes deft. nit. ion.' If, for' example, there ~. a demarmtra~ re.fflc safe.t'y issue wliich poses a~ .thre' a'.t to public 'safety, then the City may be justified in requiring relocation on just.niuety · .'~ys. The Ouidelin~ should lengthen nofi. ee to 180 days' ~ ~',dl but .vet7 urgem circumstances.posing an immediate threat to public safety and the Guidelines should specify the "public interest" issues that might n¢ce~si.tam relocation '- i.c. tr.,~i=ic Or pefle, s~an safety. ' · .. .. "' .... . 3. ~~-R~im_ments. · . . . ' · · · , · For use of n_~-dght-of-way public property, th~ C~deliues ~~re ~t ~e 'Ci~'s l,~e wi~ ~e app~cmt con~ c~ clause. We 'be~eve .c~ of ~ese cl~s~. ghould be ~ffic~. · · , · " A. Mo~_~a~ored .Ci~..~ame.' ~'~~, M~ ~e Ci~ ~ m pm~e far m~et rm~ ~~ a-~I. ~ju~t ~t-~'comme~emnt of ~ mne~ mm. Beyond ' ~ however, ~e D~o!ap~t ~d,~es ~ ~a~ · , ·.. , o o. ~usti~ Willkom' t~.is ~ffrey, Esq. May .1.6, 2001 · · P.a~e 6 .. Should the .Or~=e, after ~e'ex~"a:don of the .Lea~e "~e A~m~t ~ ~o~= m~~p~~ or ~eu~ ~ ~ Los ~g~es- ' .. ~~ b~~ ~t ~e ~~or to.~ose . te Ci~ sh~ ha~e ~e fight ' A~ement to ~co~oram'~e sine or abzm~y simi~ benefim or' o~er · .terms. . ' ' . , ' ~ req~ement con~~~ (~d essen~y ~g~ms~ ~. ~s~e o~ a 1~ con~~ ~d ~j~ a ~gh ~~' of ~oe~~ ~' ~y app~cmt's ~v~ent ~ ~y ~~on lo--md ~ ~~ .We do not'be~ve ~e ~-~ ~ ~ l~g~ ~t m ~pose such a req~em~ w~eh. wo~d mq~ ongo~'m-nego~on of ~y 1~ oi pubEc property. . , practice. ~le6~mm~o~om l~s~ m~ be ~f~ble ~ ~ ev~t ~f a ~~ge ~ consol, m~rger or a~sidon of sub~~y' ~" ~se~.by ~fore ~l~e s~h ~ ~~fion to ~'~~m~t of .pdor ~~ .co~~t to ~y ~fer of ~e le=ehold. . ' .. , ~.". . ~,'** -,,'. . .:~. ~ese ae our ~~.co~en~. 'we wo~d ~e m re, aw ~e ~roposed agr~ement'foms ~ soon ~ ~ey ~ av~ab~. We appr~am ~e ~~~. to pro,de ~~r' , ', . . input ~ Such a way ~ m ~o~de a pr~c~ ~d ~ec~e' applica~on proc~s ~at ~-'~Ip AT&T Wkeless meet i~ ~~~g c~mez ~m& · ' .' Sincerely yours, · ·, · , · Sarsh L..Bu?bidge · · ~or · . . Mac]mnz[c & Albritmn LLP ' . . · . Dmli~l Smith, Esq. -Leslie Daigle ' Attachment B of October 1, 2.001 city Council Staff Report ... . · 'Resolution No. 01-93 RESOLUTION NO. 01-93 A RESOLUTION O'f THE CITY COUNCIL OF THE CITY OF'TUSTIN~ CAL. IFORNIA, ADOPTING THE NEGATIVE' DECLARATION' AS ADEQUATE FOR THE ADOPTION OF ORDINANCE NO. 1232 AND THE DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES-ON PUBLIC PROPERTIES AND IN THE PUBLIC RiGHT-OF-WAY ., The City Council of the City of Tustin does hereby resolve as follows: A~ The City Council finds and determines as -follows:. · , That the adoption 'of a new ordinanCe and 9uidelines for abovegmund utility facilities on public property and in the public dght-of-way is considerod a' "prole~"' pursuant to the terms 'of the California Environmental Quality Act. : "B, An. Initial Study and a Negative Declaration have been prepared for this proje'ct and have been distributed for public review. .. C. The Planning Commission at their meeting of September 10, 2001., recommended that the City Council adopt the Negative Declaration related t0"Ordinance No. 1232 and the 'Design Guidelines for' 'AbovegroUnd Utility Facilities on public Properties and 'in the Public Right, of-way as adequate.' D. The City Council of the City of Tustin has' considered evidence presented by the Community Development Director and other interested parties With' respect to the subject Negative Declaration. ' E. ,. The City Council has evaluated "the proposed Negative Declaration and det~m~ined that the proposed Ordinance and Design Guidelines will not result .in any significant impacts and, therofom, no mitigation measures am necossa~ to r~duce any significant impacts to. a level of insignifi.cance. II. A Final Negative DeClaration, attached' hereto as Exhibit A, has been completed in compliance w!th CEQA and State-.guidelines. The City Council has receiVed and considered the information contained in the Negative. Declaration prior to approving the proposed ordinance and the design guidelines and found that it adequately discusses the environmental effects of the proposed .ordinance and design , Resolution No. 01-93 Page 2 of 2 guidelines. On the basis of the Initial Study'and comments received during the public headng process, the City Council finds that there will not be a.significant effect.as a'result of the proposed ordinance and design guidelines. Further, the City council· finds that Ordinance No. 1232 and the Design..Guidelines for Aboveground Utility Facilities on Public 'Properties and in the Public Right-of-way involve no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and'Games Code. The City Council hereby adopts the Final Negative Declaration for Ordinance No. 1232 and the Design Guidelines'for Aboveground Utility Facilities on Public ProPerties and in the Public Right-of-way. , . PASSED AND ADOPTED at a regular meeting of the Tustin City Council, 'held on.' the 1"t day of.October, 2001. P~M~LA STOKER city Clerk TRACY WILLS WORLEY Mayor STATE OF CALIFORNIA') COUNTY OF ORANGE · )" CITY OF TUSTIN ) CERTI.FICATION FOR RESOLUTION NO. 01-93 PAMELA STOKER, City Clerk and ex-officio Clerk of the City .Council of the City of Tustin, California, does hereby cer[,ify that the whole number of the members of the City Council of the City of Tustin is five; that the above and .foregoing-Resolution No. 01-93 was duly and regularly introduced, passed, and adopted at. a regUlar, meeting, of the Tustin City Council, held on the 1st day of October, 2001. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKEF;, city Clerk Exhibit A of Resolution No. 01-93 · · .. o · · . .. i i i IIJL INITIAL. STUDY' Am BACKGROUND Proj oct Title: Lead Agency: Lead Agency Contact Person: Proj oct Location:' . · i ! iii i · · COMMUNITY DEVELOPMENT DEPARTME~ .~' 300 Centennial Way, Tustin, CA 92780. (7~4) '~7~-$ ~ 00 i i i $ _ _ · Design Guidelines and Ordinance for Aboveground Utility Facilities. on Public Properties and in the Public Pdght-of-way. , City of Tugtin 300'Centennial Way ' Tt~.s~, California 92780 · ,e . · , . Justina Willkom Phone: (714) 573-3174 , Citywide · Project Spomor's Name and Address: General Plan DesignatiOn: N/A All land use designations. Zoning. Designation: Project Description: Surrounding Uses: · · No~: County of Omuge South: City oflrvine Ail zoning districts. Adoption of new guidelines and enabling ordinance for aboveground' utility facilities on public properties and in the public right-of-way. The new guidelines .will set forth criteria and regulation for placement of utility facilities to reduce potential negative impacts on the community. East: County of Orange. and City oflrvine Wesfi City.of Santa Aha Other public agencies whose appro-~al is required: · Orange County Fire Authority Orauge County Health Care Agency South Coast Air'Quality Management District ' Other City of Irvine City of Santa Aha Orange County. EMA ' I' ' " vmO NTAL' A.' crm ' . .~. ~e ~~om~~ f~m checked below Wo~d be potmfi.~y ~ected by ~ proje~ ~vol~g at Ieaz one ~pact ~t is ~ ?o~nfi~y ~i.~c~t ~pacff as ~cated by ~ ~heo~~ h Secfion-D belo~. . [-]Laud Use and P~nniug op~a~on and Hou~iug . eolo~c~ ~bl~ · ~Wa~r . ' [._/T~0rtation & Circulation [-]~iological Resources. [~Energy. and Mineral Resources "On the b~sis of this initial evaluations: ' · . . . ' [~ I fred that thc' proposed project COULD. NOT have a significant effect on the e~vironment, a~d a · · 'NEOA~ DB~TION~wiI1 ~e pr.cp~r~d. '. ,. · · . [~ i :find that although the proposed project could h~ve a significant effect off the environment, there will not be a. significant effect in this ease because the mitigation me~s described on an a~ched sheet have been.added to the project.. A. NEGAT1ME DBCLARA.TION will be prepared. · [~' ~..... · .. ...' o ... ['] I find' that the 'proposed project M~Y. have. a significant effect on the. environment, and an ENViRoNMENTAL- IMPACT REPORT is'required. " · 1,:. .. [~ I fred that the proposed, project MAY.' have a signi~cant effect(s) on the environment, but at least, one · effect 1) has. been. adequately analyzed in' aU earliei document pursumt to aPP!ioab!c legal standards, and · ' 2) has. been addressed by m/.fig~tion n~easures bas'ed,.'on the e~liei' analysis as-~ieseribed on attached sheets, if the effect is a "Potentially Significant Impo/Ct" Or "Potentially Significant Un.less Mitigated." An ENVIKONM]ENTAL IMPACT KE?OKT .is required, but it must analyze only the effects that " rema/n t0. be a~drcssed. ' . ' · . .. . e . . [-] I find that although the proposed project, c0uid have a signifieaht effect on the environment, there WILL · NOT be a signi~cant effect in 'this. case because ali potentially significant effects '1)have. been. analyzed adeq~tely in an e~Iier EIK pm's~t to' applicable 'standards, and 2)"have been avoided Or mitigated 'pursuant to that-..ear, er P, IR,..including revisio~ 'or mitigation measures' that are imposed upon the proposed project. ' · , · · · o . ' o . · [-] I find'~at although the peopbse, d project could'have a significant effect on the environment, there WILL . NOT be a sigaific .ant effect in this case because-all potentially ~ignificant effects 1) have-been analyzed adequately in an e~Iier"NBG~T~' DEcLARATIoN pursuant 'to applicable stan~ds, and 2) ' been ivoided (~r mitigated pursuant to ~at earlier NEGATIVE DECLAKA. TION, including revisions or mitigstion measures that are imposed ~pon the proposed project. · Prepar6ri __lusfina ..Wil~kom ......... '~ ... _ Elizabeth A. Binsack, Comm~ui~y Development Director · · · . · TitleL ~_ Associate Planner . l) 3) D~ 7) 9) EVALUATION OF ENVIRONME~AL IMPACTS A brief explanation is required, for all answers except '~o Impact" answers that arc,adequately sUpported by the. information sources a lead agmcy c.it~s-in' the parentheses following each'question. ~ "No impact' answer is adequately supported if the r¢~erene,d'infomtion soames show that the impact ~imply' d0~ not. apply tO projects like .the one involved (e~g., th', proj.,et falls 'outside a fault rapture zone). A."N'o Impa~t" amwer should be explained where it is basext on p .mjeet-sp,¢ifi. c factors ~d general stand~d~ (e.g., the project will not expose seasitive receptors to pollutants, .based on' a project-sPec[fie scm~g, analysis). . .. All answers, must take into account the Whole action involved, including off-site, omsite, cumulative project level, indirect, dire,t, consm~c~on, a~d,.0porational impacts.. Once the lead agency has d~t~rmin~d th~.t a parfic~ physical impact may. occur, th~ checklist answers must indicate wh, ther thc impact is potcntially significant, less than significant with rni'tigation, or less than significant. "Potentially Significant .Impact" is appropriate if there is substantial evidence that au effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. ., . "Negative Declaration: Less Than Significant. With ~itigation Incorporated" applies where thc incorporation of mitigation.measures' has reduced an 'effect from "~otentially significaut. Impact'' to a "Less than S~ificant · Impact." The lead agency must describe the mitigation measures, 'and briefly explain how they reduce the effect to a less than significant level (mitigation measures .~om Section 'XVH, "Earlier Analyses," may. be cross- referenced). , . ' Earlier analyses may be used where, pursuant to the tiering, program'"BIK, 'or Other CBQA process', an effect ' been adequately analyzed in an earlier En~ or negative declaration. Section 15063 (c) (3)(D). In this case, a ................... discussion should identify the following: .,- .. .. ' , a) Earlier Analysis 'Used. Identify and stat~ wh~re they are available for review. · b)' Impacts AdeqUately A/ddres~ed. Identify which,effects frOm the abov~,,chec .~k~st were within-the scope of aud adequately aual~,~ed in an earlicr doCume, nt pursuant tO' applicable.legal s ~tan'~ds, aud' state whether ~ such effects were addressed by mitigation measures based, on'the ~arli~r. analysis. . · · · .. c) Mitigation Measures: For effects that ar.e "Less' ~an Significant with Mitigation M~a~ures Incorporated," describe the mitigation measures which, were inaorporateA or ref'med from the earlier document and the extent to which they address site-specific conditions for the · · Lead. agencies are .encouraged to in,orpomt¢, into the checklist rcfer~aees to infOrmation sources for potential impacts (e.g., general plans, zoning ordiamces) .... Ref, rence to a pr~viously:.prep~--~ or oa~ide document should, where appropriate, i~. elude, a referenc~ to the pag, o~..pages whero the stamment is substantiatod. . Supporting Information Sources: A source list should be'attached, and other sources used or individuals contacted should be cited'in ~e discussion. · .. · Th'is is only a suggested form,' and load agencies are' free to use different formats; however, lead agencies normally '" address the questiom from this ¢.hoeldist that ar~ relevant to a project's erivironmen~ effects whatever format i~ sel¢ct, d. " · ... · , · 'The explm~ation of each issue should identify:' ·" . a) the si .~. ifie~ce criteria or threshold, if my, as,d to evaluate each question; and:, ' b) the mitigation measure identified, if any, to reduce the impa, t to less than signific...anc.~. o · · · · · L n, CTS , AESTHETICS - Would tho proj=ot: · Have a substantial adverse effect on a Scen/¢ vista? b) Substantially damage scmic resources, including,, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substnnfially degrade the existing visual ~haracter or quality of tbs sim. and its surroundings? d) Create a new source of substantial light or glare which would adversely affect daY or nightthn~ viers in the ama? II. _AGRICULTURE RE~.~)URCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Sit~.A~sessment Model (1997) prepareA by the California Dept. of Comervation as an optional mo'del to use in'.assessing impacts on agriculture and farmland. Would the proj¢~: · a). Convert Prime Fan'Eand, Unique Farmland, or Farmland of Statvwide Importance,(F~d), as shown on the maps' prepareA' pursuant to the Farml~d Mapping and Monit~ririg Program of the California Resources Agency, to non- ............ agricultural use? · · b) Conflict with existing zoning for agricultural Use, or Williamson Act contract? · , c) Involve other changes in the ~xisfing environment which, . duc to thdr location or nature, could result in conversion of ' ~ Farmland, to non-agricuRuml use? III. AIR 0UALITY: Where availabi¢, th~ significance . criteria established by thc applioabl~ air quality management or air po!lution control district may be relied .upon to m~ the following detemdnatiom. Would th~ project: a) Conflict with or obstruct implementation of the applicable air quality plan? .. b) Violate any air quality standard or oonm'bute substantially to an ~xisting or projected air..quality.violation?- c) Result in a cumui~fively considerable net '.increase of any criteria pollutant for Which the project region is non- a~ent under an applihalfle federal or siate ambient air quali'ty standard (including releas'.mg emis.siom which exceed , quantitative thresholds, for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? o .. e) Create objectionable odo..rs affecting a'substantial, number ' of people? · Paterm'alty $i .gn~cant ~ _fmpact · o Less Than Significant ~tth Mitigation Incorporation L~ss ~'han ImPa__ct ' ., , No. Impa.ct_ ! · 11 Ye. BIOI~'OG]CAL REsoURCES_.- - Would the project: · a) Have a substantial adverse effect~ ~ither directly or through habitat modifications, ou any species identified as a candi.'dat~, sensitive, or special status species irt local or regional plans, policies, or regulations, or by the Catifomia Department offish and Game. or U.S. Fish and Wildlife S~ic~? · · b) Have a substantial adverse effect on any riparian habitat ,or ether'sensitive natural community id~mifiud in local or regional plans, policies,, regulations or by the California Department of Fish md Game or U.S. Fish and Wildlife S~-vice? · c) Have a Substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water .Act (including, but not Iimit~d to, mar~h, vemat pool, ceased, ~tc.) through dir¢c~ ~:emoval, filling, hydrolog!.caI interruption, or other means? .. · d) Int~f'er~ substantially with the movement of any native resident 0r migratory fish or wildlif~ species or with · .established native residem or migratory wildlife corridors, or impede the use o£ native wildlife nursery sit~s? · · U) Conflict with any local policies or ordinances protecting biological resources, such as a lx~e preservation policy or ordinance? · f) Conflict' with the provisions of au adopted Habitat Conservation.Plan, Natural Commu~i~ Conservation Plan, or other approved local, regional, or state habitat conservation plan7 ) "' Less ~ Significant Potentially ~ith Significant Mitigation ..... frnpact Incorporation . .. Less 2'ban ~gnificant ,Impact .. ,,, No'Impact IZI F"'i 13 y. _CULTURAL RESOURCES: - Would the project: · a) Cause a substantial ad~Jerse change in the significance of a historical resource as de£med in § 15064.5? · b) Cause a' substantial adverse change in the significance of . au archaeological resource pursuant to § 15064.57 · c) Directly or in.direotly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb auy hmuau.remains, inclu, ding those interred outside of formal cemeteries? . ./ . F"i .~.YI,_ GEOLOG~ AND SOILS: - Would the project: a) Expose people or stru~es to potential substantial adverse effects, including the risk of loss, injury, or death ~volving: .. · . · i) Rupture ora known earthquake faUlt, hs delineated on the most. recent Alquist-priolo Earthquake Fault Zoning Map issued by the State Ge61o~ist for the area or based on other . substantial evidence of i~ known fault? Refer to Division of Mines and Geology Speoial Publication 42. ii.') Strong seismis ground shak~g? · iii) S~ismic-relat~d ground fail.e, including liqucfact/on? iv) Landslides? · b) Result/n. substant/al soil erosion or the ]os~ of'topsoil? c) Be located on n geologic unit or soil that is unstable, or , ' that would become unstable as a result of the project, and · pot~ug~ly result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse7 · · d) Be located on cxpar~ive soil, as &fined-in 'i'abl~ 18-1-B of the Uniform Building Code (1994), creating substantial ri.sics to life or property? · e) HaVe soils incapable of adequately supporting the us~ of septic tanks or alternative waste water' disposal systems where sewers are not available for the disposal of waste water? VII.~Z~S AND HAZARDOUS MATERIALS: · · Would the project:. a) Creat~ a significant ~hazard to the public or the. 'environment through the routine transpor~ use, or disposal of hazardous materials? ' b) Create a significant hazaxd to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? · c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? .d) 'Be located, on a sim which is included on a Iist of ' hazardous materials sites compiled pursuant to Government' Code Section 65962.5 and, as'a result, would it create a. . ..significant hazard to the public or the environment? · e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public ai~. 0rt or public use airpo~ would the project result in' 'a safety hazard for. people residing or working in the project' area?' , f) For a project within the vicinity of a'private airstrip, would the project result in a .safety hazard'for people residing or working in the project area? · t~otentially $igni. fieant Impact ~ Than · Significant IVith ' Mitigation. !ncorporqt~on . fie. ss Than .Significant .Impact' No Imp,act__ ~) Impair. impI~-nentation of or physically int~rf~ with an adopted ~rnerg~ncy response pl~ or emergency ~racustion plm? . · h) Expose people or.structures to.a signific~t risk of'loss, injury br death involving wildland ~s, including where wildlands are sdj~ent to urbanized areas or where residences are intermixed with wildlmds? , Le~s · Significant Potentially l~ith Significant Mitigation .rmpact.._ £ncorporation.. less 2'hun Significant , I..m. pact E] No Impact _ ' VIH._ HYDROLOGY.A~ WATER QUALITy__-._ - Would the project: , a) Violate any water quality standards or waste discharge reqUirements? . · · b) Substsn. ti~lly ~l~plete groundwater supplies or interfere subst~mti~lly with groundwater recharge such that thexe would ' be a net deficit in aquifer v. olume or a lowering of the local groundwater tabl~ level (e.g., the production rate Of pre- existing ne. srby wells would drop to a level which would not support existing land uses or. planned uses for which permits , have bec-n granted)?, · c) Substantially alter the existing drainage pattern of the site or area, including, through .the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-sim? d) Substantially alter the existing drains' ge pattern of the site or area, including through the alteration of the course of a stream or fiver, .or substantially increase the rate or amount of ' su{'face runoff in a manner which would result'in flooding on-. or off-site7 . ' e) Create or contribute runoff water which would exceed the 'capacity of exis '.ang or planned storinwater drainage systems or provide substantial additional soumes of polluted nmoff? i') Otherwise substantially degrade water quality? g) Place housing within a lO0-year flood hazard area as mapped on a federal Flood Hazard Boundary o.r Flood' Insurance Rate Map or other flood hazard delineation map? h) Place within a lO0-year flood h~ard area structures which would impexte or redirect flood flows? i). Expose people or structures to a significant risk of loss, injury or death'invoDifig flooding as.a result'of' the failure of' lew~ or dam? j) Inundation by s6iche, tsunami, or mudflow? .. ~!X. LAND USE AND PLANNING- Would the project: a) Phyiically divide an established community? · · b) Conflict with any applicable land.use plan, polic~,, or ' regulation of an agency with jurisdiction over the project (including but not limited to. the-§¢n~'al iflan, specific plan, loC. al coastal progran~ or zoning ordinance) adopted for the propose of avoiding Or mitigating an environmental effect7 · c) Conflict with any applicable habitat conservation plan or natural community, conservagon plan? X._ MINERAL RES_O _URCE~- Would the project: a) Result in thc loss of availability of a known mineral resource that would be of value to the region and the residents · of the 'state? b) Kesult in th~ loss of availability of a locally-important mineral resource.recovery site delineated on a local general plan, specific plan or other land use plan? . XL NOISE- Would. the project r~sult in: a) Expo.sure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or .a. pp~cai~le standards of o.ther agencies? ,. · b) Exposure of persons to or generation of eXCeSsive. groundbome v~'bration or groundbome noise levels? c) A, substantial permanent increase in ambient noise levels · in the project vicinity above levels existing without the project? .,. · . ' d) 'A substantial temporary or periodic increase in. ambient noise levels in the project vicinity above levels existing , without the project? e) For a project located within an airport land use pl~'or, where such a plan has not been adopted, withih two miles of a public airport or public use airport, would the project expose people residing 'or working in the project area to excessive noise levels? · f).. For a project within the vicinity of a private airstrip, would the project expose' people residing or working in the project area to excess noise levels? · _XH.POPULATION AND HOUSING- Would'the project: a) Induce substantial population growth in an area, eider directly (for e'x .ample, by proposing new homes and · .,:. businesses) or indireotly (for example, through extension of · roads or other '.infrastructure)? . · b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? " . . ' · Potentially. Significant Impact, · . E] Less Than Sigg.. ificant ~ith · Mitigation I,nco. .rporation , o Le~s Than Significant .... Impact , . [3 No Impact,,_ .. c) Displace. substantial numbers'of peoPle, necessitating the comtruction of replacement homing ~ls,where? , .. · . , XIIL PUBLIC sERVICES a) Would the proj.ect result in substantial adverse physic, al impacts associate~ with thc provis, ion of new or physically altered governmental facilities, need fo~ new or physically altered governmental facilities, th~ construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or othsr · pefformanceobjectives for any of the public s~rviccs: Fire protection? Police protection? Schools? Pazks? Other public facilities7 .RECREATION - a) Would the project increase the use' of existing . . neighborhood and regional parks or other r, ecre.ational facilities such thst. su~tial physical deterioration of the facility would occur or be accelerated? . b) Does the projeCt'inelude recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical'effect on th~ environment? XV, TRANSPORTATION/TRAFFIC- Would the project: a) ~ause an increase in traffic which is. substantial in relation. to th~ existing truffle load and capacity of the street system (i.e. result in a subst~dal increase in either the number of ' vehicle trips, the volume tO. capacity ratio on roads,, or oongesdon at intersections)7 b) -Ex~eed, either individually'or cumulatively, a level of sorvice stand~d established by the county congestion management agency for designated roads.or highways? c) Result in a change in'air c patterns, including either an increase in traffic levels or a change in location that results in substantial safet~ risks? · d) Substan~ally increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompstible uses '(e.g., farm equipment)? · e) · Result in inadequate emergency access? f) Result in inadequate parking capacity? Potentially · 'Significant .... !mpaa Less Than Significant With Mitigation .~co~oration Less Than Significant Impact · ' [-]. No ?mpa c t t g) Conflict with adopted policies, plms, or programs suppo~g alternative transportation (e.g., bus turnouts, .:' ' bicycle rocks)? XVL UTILITIES AND SERVICE. SYSTEMS - Would the projee~ a) Exceed'Wa~water trea~ent requffements of the applicable Regional Water Quality Control'Board? b) l~q~ or result in the constmcfion.ofnew Water or . wastewa.t~r'treatm~nt f~ilifies or expansion of existing facilifies'i' ~e cons. trucfion o£which eofild c~us~ significant en.vironme~tal effects?" c) P,~uim or.result in-tho oonstrusfion of.n~w storm wa~r drainage f~ili.ti~s or ~xpansion of existing facilities, th~ construction of whiCh co.uld caus~ signi'fic~t environmental ~ff~cts? · . d)' Have sufficient water supplies available to serve the project from existing entitlements' and resources, or are new or expanded entitlements.needed? .............. ~) R~sult in a determination by the Wastewat~r treatment provider which s~-vcs Or may s~rve the project that it has. a~quat~ capacity to serv~ the proj~ot"s projex:t~d demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient p. ennitted capacity. to accommodate the project's solid waste disposal i~eeds? g) Comply with federai~ state, and local statutes and regulations relstext to solid waste? · , . , XVII... MANDATORY ~I~GS OF $IGNI~CANCE . a) Does the project have the ~ot~fial' m degrade the quality of th~"~n~mnmg' ~bs~fiflly reduce the habitat of a'fish or' wildlife specie, s, cause, a fish or Wildlife popuhfion ~ drop below seLf-sustaining I~ets, threaten' to. eliminat~.a plant or animal community~ .reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of'California history or - prehistory? · b) Does the pr6ject have impacts that are individuMly limited, but cumulatively cbnsiderabl'e? ("Cumulatively considerable" means that the incremental effe~s of a project are considerable when viewed in connection with the 'effects ofpmst projects, the effects of other currant projects; and the effects o.fprobable furore projects)? , · c) Does the project have environmental effects which will cause substantial adverse' effects on human beings, either directly or indirectly? · " Significant .Less Than $ignificagt W~th Mitigation __ In. corporation .. Less Tha'n Significant Imp, act · No Impact .... ::,~.,:.~.~ ....~:..,~. ~... ATTACHMENT A · ? ~.~.~.: '~ ... ~, .,~,.~,, . ..... . ~:::....,..~...~........,. :... ,,,..,,.:,EVALuATIGN,...;,Q.I~.ENVIRONMENTAL ~MPACT, S · , · .- · ?: ~:;..,. ...:...,= ~.~ '..: · ;~-~ .,I~.~-~ ~.;"".. y;,,.'-; '.,' .. i, ;~;':,'.~, .. ........ , ...... , ......... ..... (~Di'~.,~'NcE A~D DESIGN GUIDELINES FOR'~BOVEG:RO~.ND ~TIEI~;'" ~':;'".'-'~';~'~;'" ' "';;" FACILITIES ON..RU'BLIC PROPERTIES AND IN""'T~'~ ~ , · · ~.,-.,(.¢; .... ;=;:.... ,. ..... · · ,' ...... ¥ .... ;:'-'.~ ......... ,;?.~4'~'~'~'" ;,'. ~"': ~.~'"'~'-" ..~:,...,;,~.:.:. ::.. ..:. :;,,~. ..,:. ;.~" '~" '-;~t ~!;:i:" · · . ...,.= .... : ,;L..?."'; .BACKGROUND · · · ., ~.,...,..;.. .... ? '.'!, ' ,:;'..:", ~*,,' 's h,' ctive in adoptin'g the 'ordinance and de~i~B~ gui~el.ines is, .to...~rom°te.., .,.,~,~ o,,~e _ .~,.,,..,.~.~.....?..,: ..,,.~:~...,,?~?.......,....~:.?~.~.:...~:.~_...,,.:?,...,,.:..?:.~?,.:~ .,~,~.~?..,.??..?..~. :..~.:..:,.:..,,...~;~.~:., · safety, ,.,aesthetics and land use compatibility between a~9¥eg,r~u,.n:d....~!..!~~a!.l!,,..t,.!e~:,,~a,...n..d.,.,~::., neighb~/ring land u~/es. Abovegr6bnd utiliht facilities am ~pically iocatod in the public right-of-way and highlg ¥isibl~ b~¢au$~ of their ~ix,.~'a'nd~o'~':heig,h~:,?t~er.~bY~P:~tontia!l.y;:':i . .~:. im ~¢tin tho ae~th~fi~ of'th~ community. ~ubli¢.:~'~f' ~ ~ ' , , ?~.~...:.':..~;???.~:~?'i~-~..'~;:~:.:,~:..~'..~'.', i:~.~'~:,~..'~,..~, ~.:';:¢.,'-.~b:~?.:: ~.~.i'......~..'....~.;'...i!i~?~,.~· '..; .".~.~,:>~i~ ,'.~.' i::!:~.~'!;~"...~ .... . if th~ 'u.ti!ity'. fa¢il~tie~and th~,r aocessory equ,pm~nt ca~,n~t§ 'a~e ~or¢on.~~r~i~j~..~.!'i,}:.~ spo¢ifi~'~' ar~a~, '¢io~e to int~m0~ion~ thu~ impacting motori,t .visibility,' .~n~iti¥o r, sid~ntial or institutional u~e~, obstr, u,t;:.tmffio:,:si~Inals~,~:~signs.:.~,..o~.~.oth~r:>:pub!i¢:.'~ ~af~ty dovi¢~ 'located within th~ Citg'~ right-of~?a¥.:.'~'.':..~'?i:~'~e..,?ro~uirem'~nt.~:of.':.a:~::'D~igm'','~?'-~' Raview. ailow~ the Oi~ to ~xamin~ a,~th~tics i~'U~:qSg~':~fifil~i'h~: and bulk of .tho f~iliti~, ,oi0m; vi,iBiiity, ~¢maning and r~lationship to'adjacen~t · ' · ~'~' .,", ~."~ ........... ~,~::::...:-...~-:' ?'..!' '.:.~t.t:';X,.;!~"..,"zi~. !::: ~ :.:'.? ~.~'~.J'~':. $..:.~ ': .%':?: ' ''~ '..? %" · .:.. 'l'h~ro ~'oUld b~ no!."~hy, iCal imp~bwm~nt or changes in 'the ~nviron'~nt~"a"mSUl~"Of~-';'''-..~'~.'' the .~doPtion of tho ordinaneo and. cle~i~n guid0!ines, imPa¢~ ..of ..potential future~ ' ' ' ' with' '"'"""~:""'"~ "" :'"":~' '"":"' :':'"":""'":':"::'""""'"""~"'*~"'":"~ ?''''? '*'"":"""~ ?': '''''~':'''''''''''''' projects would be evaluated ~n conjunchon ....... ...... ',,';,.':'... [[~:~;. ,: ,. . · .... ...: .,.'....~ :~..¥ ,,' ~:, '~ -... :,~:~:.. = ..: .: . .-.~. F,.-.~¢~=,-.,,,..-:=.': ';~;~f.'.'"":~O',.' : ',.'?.:.,.~,t~,~'.:' ~..,-~'..' "F":."I¢4, "' '""-.,.';':~-.:":: ?,' '..~ ": '"', ¢:" · ..,~..,.... . , . * . ,. 1, A'ESTHE,TICS':,.:'"" -:"..-'"':?':'~:~'.:.':' ,""~':.~ .... .,.~': "..':,."'*..':"=.: '""":""~"~'t. · · · J.tems a throuah d- ~No impa¢': The' P'f6~~d,~5¢fl.i'h~i'i~'~0~'~fi~¢"~l~i~fi igUid~ii~e~:' '" ' - -'" ,= ..' ~ · , '?'."2' ,' ~:.-'~..¢'..'. !'~,.I.::,'.:~'.i'.,...~ ~'".,. '. r~:~" .... ' .'. ¢;'.!.', *i7. ";~ .... ~x,:.,":¢'¢~ ..¢,:';'.:~,'~:: ".':;:..".:~! ;!'~'~'.7::,.,C:',,.~;:::.~"",'.,'.. · :~.Wouid establish standards that m~t~gate~m'paCt~' abo~ground utility facilities on public p. roperties.~and · , .. :. ..... ::~,,'..' ~.~'.'.. .'. :...~r~.¢'. ..,~.:..: ~. .~;,:..~,~..'...'~ ..... '~.. '.~ ...'~.~;.~:: ..'. :? adoption of the ordinan¢~ and design guidelines. 'l'h~ .p. ropo,~d ordinance ' :de~i~n guidelin,~ will not haw ~ng ~ff~~`~.:::6~,~::.~(~tl~::..~:fi~.~`{h`e.~:~ar..~.~.....~:ihei~fii:~hg scani¢ vi~ta~ or so~ni¢ resources, in..c..!u.~ja~,....b..ut~...n.ot...li~[tod?..t.o,, tr~s, m~g~ ' out,rop¢ing, and historic buiiding~ with~.~.~.$~a~;.~~.i¢:;~!`~:~;~.':.~`.:Th~:~!~r~.~~..~;.· · ordirian¢~ and dosign guidelin~ will not.,..d~mde th~:e.~ti~ ~isual ,ohamot~r~or~:..,-.~- quality of' th~ plan ama or its ~urrounding~;: '4mpactS mlat~dlo:any'~.fu~u~rO~proieets '?.": would be identified and evaluated in cdhj~ti~h':'~Ith"~"'~'~i~i~:':¢'~6]6~t~''~ ...... '"'~ "' ':~'" "~':"~"'"":~ · '".':.?;~,~'~. ' )..~:.'.'. ........ !.:', '.; .... '.'.."?~'.."./'~,?. .... "':.2~'. '~' ....... · . . · r.~¢. ~".'.~.?:'. ':..' ~' !.: :~. ' ~{.~'F.' ' ?..'.' , · . ,. ,~.F.~.~,~...;.¢.~,,... · Sourc~s: · Tustin Zoning Code Tus(ih General Plan Mitigation/Monitoring Require_d_: ~lboveground Util#y ' Ordinance and design guidelines · Initial fiYudy- Attachment A Page 2 of 8 . ) '1 · AGRIC ..U. ,LTURAL., ,RESOURCES ', ',Items ,a.t,h, rough c-'"No"impa~": The 'Proposed' ordinance and design.guidelines Would es~blish standardS:that mitigat~ impa~s associated with. installation of ab0vegmund-utility fa{3ilities on public properties and in the public right-of-way; however, no physical improvements am currently proposed in conjunction with the Ordinance and design guidelines, The proposed ordinance and design guidelines will have no impact~ On any fan-nland, nor will it conflict with existing zoning for agricultural use or a Williamson Act. contract, The ordinance and design guidelines will-riot result in convemi0n of fare"land to a non-agricultural use. ImPacts related to any future projects wou!d ,be identified-and evaluated in conjun~ion with a specific project. · 'SourO, eS: Tustin General Plan · · . ,, ., . · Mitigation/MonitOring' Req uired: · ; · __ · · AIR ~UALI'I'Y " None Required.. · · ltems.'a throUgh .e.-,. "NO' Impact_., The proposed ordinance and 'design guidelines would" establlsh" standards that mitigate impacts a~;sociated wEh in~t~llation' of aboveground utility facilities on public p'mpertieS and in the. public right-of-way; however, no physiml improvements are current!y proposed in conjunction with the ordinance and. design guidelines. The ordinance and design guidelines will not conflict with or obstruct implemerrtation.' of any applicable air plan, violato any air quality standard, result ina cumulatit, ely considerable increase of any criteria pollutant as applicable by federal or ambient air quality'standard, nor will it expose sensitive receptors to substantial pollutant concentrations or create objectionabl~ odor aff~O, ing a substantial number of people. Impacts related to-any futur~ projects would be evaluated When a specific project is ProPosed.' Soumes.' · · South'Coast Air Quality Management 'District 'Rules and Regulations ... " 'Tustin General Plan' ' -. Mitigation,,/M'0, nitoring.Requ~i,red:" None Required. .- · . BIOI.:OGICAL RESOURCES . . , .. Itoms ~ .thr0uah f- ~No._.im~a~': The proposed ordinance and de~;ign guidelines would ~stablish standards that miti~at~ impacts a~so¢ia{~d w~th installation of aboYeground utili~ .facilities on public properties and in th~'publi¢ right-of-way; however, no physical i.m. prov~mont~ am currently propo~d in .~onjunction with ~tb oveground Utility Ordinance and dem'gn guidelines · Initial ~ - Attachment.d Page 3 of 8 5~ the ordinance and design guidelines, .No impacts to: any unique, rare,, or endangered species of'plant, or animal iif~ identified in'local or regional plans, .policies, or regulations by the California Department,of Fish and. Game or U.S. Fish and' ~ildi~ Senti~ would occur as a rosult' of. this ordinan~ and design guidelines. Impacts related to. any future projects would be evaluated when a '.specific project is proposed. : . .. . Sources: ..- TuStin.Geneml Plan .;. · Miti~ation/Mo..n. itofin~ Required:' None Requirc~i CULTURAL RESOURCES ,, ,_ , ............. ltems..a through d .., "No Impact',: The proposed ordinance and design guidelines. would establish standards that mitigate impacts associated with installation of aboVeground utility facilities, on'public proper[les and in the public right-of, way; however, no physical improvements are currently proposed in conjunction with ;' the ordinance and design guidelines. The ordinance and design guidelines will not' adversely affect any historical resources or archaeological resources or destroy or disturb a..unique, paleontol0gical resource,..human remains,, or geological feature. · .Impacts. related to. any future ..projects would be' identified and evaluated in conjunction with a. specific project. .. SOurces: CUltural Res6~rces Distdct · Tustin Zoning Code ... ... General 'Plan ~. , Mitigation/Monitoring Requimdi None Required. GEOLOGY AND SOILS :lte~ns ~i (I},_ a._(.ii),, a (ii[), a (iv), b,, , c, ,, d,,and e- ?No. Impa.ct.'~: The proposed ordinanc6 and design guidelines would establish..standards that mitigate impacts.associated with installation of aboveground .utility. facilities .on public properties, and 'in the'"' public right-of-way; however, no physical improvements are currently proposed' in conjunction with the ordinance and design guidelines. The proposed ordinanc~ and design guidolines will not expose people to porch, rial adverse geologic impacts, including the risk of loss, injury, or .death involving the rupture of a known earthquake fault, strong seismic ground shaking:, landslides, soil. erosion, or loss of top. soil, nor is the proje~ on unstable or expansive soil. Impacts .related to any · future projects would be identified and evaluated in co. njunction with a specific proje~. . . 0 , ,Sources: Tustin General Plan Abovegrou~d Utility Ordinance and design guidelines Init'al Study- Attachment ~4 'Page 4 of 8. . . t Mit[_oation/MonitorinO'. Require..d: None ReqUired HAZARD_AND HAZARDOUS MA,,T, ERIA~_LS. Items athrouoh h,,-,,"~No Impact": The.propoSed ordinance and design guidelines would establish standards that mitigate impacts associated with installation of aboveground utility, facilities on publiC 'proPer[les and in the-public right-of-way; 'however, no physical improvements am currently..proposed in eoniun~ion with ".the ordinance and design guidelines,. The proposed.'"ordinance.' and design .guidelines will not result in ,ignhScant hazards (i.e: explosion, hazardous materials spill,..interference With emergency response plans~-wiidland, rims, etc.), nor is the project area located within an airpor~ lan'~ use plan o~ vicifiity of a private airstrip. impacts related to future projects Would.be evaluatod when 'a specific project' is DmDOSO'Cl. ,. '''::~' ": ~ .. · . · Sources: orange County Fire'Authority , " Orange'County Health Agency. .. "'.~- TU'stin:'G~neral Plan. .. Miti~ati0nlMonJtofing .Rea uire.,d5 o · None Required 9~ Item,s...,a thmu(~h |,,-"No impacti'_: The proposed ordinance and design guidelines "would establish standards that mitigate impacts associated with., installation of aboveground utility facilities on 'public properties and. in {he pUblic dgh{-of-way;.. however, no physieal improvements am cufi-~ntiy proPOsed in coniunction with the ordinance and design guidelines.' The ordinanC~:.'.and d6sign guidelines will not result.in.any i::hange in the amount or direction of sur~ce or' groUndWatem. Impacts related to ..any future projects would be .identified and evaluated in" c0njunctio,n · with a specific projo~. · "' .' Sources: Tustin General Ptan .. , Miti~aati°n/Monitorin.cl Reauire~d: None'Required · · · _LANDUSE AND.. ~.LANNIN.G , Items a through ¢- "N_.o_!m~et,: Tho proposed ordinanca an~ design ~u[clelines would e~tablish standards that mitigat~ impacfs associated with in~tallat, ion Of abov~ground util~ .fa¢iiifie~ on publi¢..propertie~ ~nd in th~ public dght-of--w~¥.. · ~o phgsical improwm~nt i$ proposed in conjunction with th~ ordinan¢a and design guidelines'The ordinance and design guidelines are consistent with the A b oveground Utility Ordinance and design guidelines Initial Study - Attachment Page 5 of 8 · 10. 11. ). , ) .. intent of the City's .General Plan to provide an aesthetically pleasing'environment. The proposed ordinanco and design~.guidelines" will not physically divido an'. established community or conflict with any applicable habitat conservation plan. Sources: Tustin General;Plan ' ' ..., :... Tusfin Zoning Code~ ' / ° . . .'MitigationlMonitod qg ~Requim~: .. None Required ., .= ... MINERAL RESOURCES , - · I.t~m~ a and .b .-..~!Jqo ~lmpact~:"i'he proposed ordinance, and. design' guidelines would ~stablish ~tandards. that mitigate im¢~¢t$ associated with installation of abo,wground ufili..ht fa¢iiitio$ on'.~publi¢ p.rop~rfies and in. the public right-of-way. No physical improvom~nt is propo, s~d in ¢onjun~on with,.~the ordinan¢~ and design guidelines. Th~ proposed ordinan~ and d~ign ouid~iines will not m~ult in loss of a known' mineral 'r~soUme or' availabiliht of a locally, important mineral r~source m¢owry sit~.d,lin,at, d. on th, gon~ml.plan or other applimble land u~e maps. Impacts related to any futura projects would be identified and ~valuated in ¢Oniunction with a specific project. .. Sources' Tustin General Plan " .... · : MitigationlMonitofing Reclu,i_red:. '" None Required .. NOISE Items. a. thr, e.uah, f- ".No. impact": The proposed ordinance and design guidelines would, establish standards that' mitigat~ impacts associated with installation of aboveground utility facilities, on Public properUes and in.the public ,right-of-way, .No physical improvement is proposed ..:.in conjunction..:~with the .ordinance and design guidelines, The proposed ordinance and d~sign guidelines will. not ~xpos~ pemons to' noise Io¥els 'in excess of standards established in the general plan, noise ordinanc~ and d~sign guidelines..~, or excessive ground vibrations, nor will it create a permanent increase in the existing ambient noiso levels. Impacts r~lated · to ,any future pr~ojects would be'..identified and evaluated in conjunction with a specific .project. ' · ... Sources' Tu'siin City Code . 'l'u~fin General Plan , ' · , Mitig.ati0n/Monitoring Req..uimd: None Required · o Aboveground UttliO, Ordinance and design guidelines ~rnttial Study - A ttachment .4 Page 6 of 8 ) } 12. 13. POPULATION AND HOUSING .:..' ' .~ o ,Items...a, b,, .a, nd 'c..-~.No. iml3a.¢t":..The proposed.,ordinance and design guidelines would e~ab.lish standards tha{ m~tigate impa~s .a~sociated..with installation of aboveground utility .facilities. on public properties and. in the"public right-of-way. No physical, improvement is proposed in conjunction with the. ordinance and design guidelines, As 'such .no impact associated with the increase in population is anticipated. : '.. Soumes:' Tustin. GeneraI Plan · ., . · , . .; · M~ti0ati0n/Mon itorin ~...R.. e. auir~d: None Req-uirod · · PUBLIC SERVICES 14: · . Item 'a- ,... N°_i..rnpact": The proposed ordinance and design guidelines would establish ,'standards-. that mitigate impact~ associated.~.;with installation of aboveground utiiity facilities on public properties and in'the Public right-of-way. No physical improvement is proposed;in conjuneti0n, with .'the .... ordinance and design guidelines, The proposed ordinance and design guidelines Will not create demand for alteration.or'addition of government.facilities or, services . (fire and police protect, ion, schools, parks, etc,).. Impacts mlated:'to any ~uture. projects would be identified and evaluated .in. conjunctio~ with."a" specific project. ~. · · ' . ~- Sources' Tus~n General Plan Mitigation)Monitoring ,Required_: · · .... RECREATION None Required · ,. · , ... .Items a and b- "No impact": The proposed ordinance and design guidelines W0uld. est~ablish..:.sta~dards that mitigate'.- impacts associated with installation of abovegmund utility f~cilities on public properties and 'in the public right:.of-way, · No physical improvement is. proposed in con~unction with the 'ordinance and des!gn guidelines'The ordinance and'design guidelines Would no~ increase · demand for .neighborhood parks, or recreational' facilities. Impacts related to any · futuro proieots would be identified and' evaluated in.. oonjunCtion with a specific project. ..: .. ., ., , Sources: ' Tustin General Plan ' · 0 Mitigati0n/Mo..nitofin~ Required:: None Required Aboveground Utility Ordinance and de. sign guidelines Initial Study - Attachment Page 7 15. 16. 17. TRANSPORTATION/TRAFFIC , lt~.ms a throu~h:~ -;~No :lm~ac't'J_..: The. proposed ordinance ..and design' guidalines would 'establish star)dards, that. mitigate impacts'associated with installation'of aboveground utility facilities on public properties and in the pubiic....right-of-way, No physical improvement is proposed in. conjunction. . with the ordinance and -design" guidelines, No alt~mtion in the traffic.generation and circulation patt~ms within the project area would be affected by the proposed, ordinanc~ and 'design guidelines,: The proposed ordinance and design guidelines will not result in changes to air traffic pattems, emergency access', level: of servic~ standards, or conflict with adopted policies, plans or programs supporting' alternative transpor[ation. ""impacts related to. any future .projects would be identified and evaluated' in conjunction with a specific project, Sources: Tustin General 'Plan · .. · : Miti_a ation/Monitorin~ · Rea u ired: _ _ _ .., UTILTIES,AND SERVICE S,Y, STEMS· · · . . .. · None Required '" Items a 'throuoh __o - "No Imi3act'..'.:.. The proposed .ordinance and. design guidelines would-establiSh standards that mitigate impacts, associated with' installation of aboveground utility facilities on public'properties and in the public right-of-way. No physical improvement is proposed in conjunction with the ordinance, and design guidelines, The adoPtion of the ordinance and design guidelines will have no impacts to water treatment, water supply, wastewater treatment, and solid waste disposal. ImpaCtS related,to Siny future'projects would' be identified and evaluated in conju, nction with a specific project. . · Source_s: Tustin General Plan __ · · · . Mitigation/Monitofin~ Re~'Uired' None Required MANDATORY FINDINGS OF SIGNIFICANCE ,' ... ., · · o Items a throu.oh ..c- ,,"No lm~)act": The' 'purpose of.the proposed ordinanc~ and ,. desig'n' guidelihas is to maintain an aesthetically pleasing environment and promote the health, safety, and welfare of the community by providing standards · that mitigate impacts associatad with installation of aboYeground utility facilities. on public properties and in the public right-of-way. ~. ' · There would be no physical improvement o~' .changes.in the en{tironm~nt as a result of th~ adoption of the ordinance and design guidelines. Im.paet~ of potential futur~ proiects would 'b~ ~¥aluated in conjunction with each future Above. ground Utility Ordinance and design guidelines Initial Study - Attachment A Page 8' of 8 . project. The' ordinance and design .guidelines do not have the potential· to degrade the qua!ity of the environment, achieve short-term environmental goals to the disadvantage.of long-term goals, nor produce significant negati~/e indirect or direct effects on humans. ' S:\CDDklUSTINA\current planning~Envimnmenta~bovegmund facilities nd attachment A. doc · · . COMi~UNITY DEVELOPMENT DEPARTMENT . 300 Centennial ~ay, Tustin~ C_~ 92780 (z~4) ~z~-~oo NEGATIVE DECLARATION Project Tide: Design Guidelines for Aboveground Utility Facilities on public proPerties and in the public right- of-way. Project Location: · Citywide · Project Description: Adoption of new ordinance and guidelines for aboveground utility facilities on public properties and in the public right-of-way. The new ordinance and guidelines Will set forth criteria and regulation for placement of utility facilities to reduce potential negative impacts on the community · · Project Proponent: City of Tmtin, 300 Centenn/al Way, Tustin, CA 92780 . Lead Agency Contact Person: Justina Willkom Telephone' (714) 5'73-3174 , , · The Community Development Department has conducte~l au Initial Study for the above project in aCeordav· with the City of Tustin's procedures regarding implementation of the Califomia Environmental Quality Ac'. ........ and on the basis' of that study hereby finds: · ~ That there is no substantial evidence that the project may have a significant effect on the environment. That potential, significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. . Therefore, the preparation of aa' Environmental !mpaet Report is not requi.red. · The Initial Study which provides the basis for this detenuiaation is attached and is on file at the Commun/ty DeveloPment Department, City of T~stia. The public is invited to .comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. 'Upon review by the community Development Director, this review period may be extended if deemed necessary. . · · · REVIEW PE~OD ENDS 4:00 P.M.' ON May 1,' 2001. Elizabeth A. B insack .. . · Community Development Director · AttaChment c;of October 1, 2001 'City coUncil' Staff Report . · . ; · . Ordinance No. 1232 l0 [2 ~3 14 l? ~0 2! 24' 25 ~? 28' ORDINANCE NO. 1232 AN ORDINANCE OF THE ciTY COUNCIL OF ,THE CITY OF TUSTIN, AMENDING PART 6, CHAPTER 2 OF ARTICLE 7 OF THE TUSTIN , CITY OODE TO ESTABLISH DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY. The City Council of the City of Tustin does hereby ordain as follows' Section 1. FINDINGS The City Council of the City of'Tustin finds and determines as follows' A. On December 6, 1999, the City Council adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power.supply equ!pment within the public right-of-way. These guidelines do" not ~egulate utility facilities located aboveground such as antennas attached to utility poles, street light poles; utility towers, or other structures within the public right-of-way. B~ Currently, there are no guidelines in place for aboveground utility facilities on public properties such as parks, community facilities, or other City-owned properties. New comprehensive guidelines are needed to establish design criteria prior to installation of any aboveground utility facilities on public properties or public right-of- way. . C. The adoption of permanent regulations and guidelines for any aboveground telecommunications on public property and in the public right-of-way will serve to reduce the potential for negativ~ impacts, on the community. D. Failur(J 'to implement aboveground utility facilities regulations through.the adoption of this ordinance will result in the installation of a substantial number of' aboveground utility facilities without controls needed to protect the public health, safety, and community aesthetics. e~ Traffic signal controller cabinets are exempted because they are different in nature and function and provide, essential services. The. traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. ' 4 ' l0 ]2 ~3 14 20 2,? Ordinance No. 1232 Page 2 of 7 Irrigation controller cabinets are al'so exempted 'because they must be located in close proximity to available power sources. The requirements and restdcti0ns impoSed by this Ordinance are necessary'to ,protect the health, safety, and aesthetics of the City of Tustin as follows: 1. Design ..Review .Approval for Installation of Aboveground Utility Facilities on Public 'Property .and in the Public Right-of-Way. The City's objective is to promote safety, aesthetics, and land uSe compatibility between .abovegmund utility facilities and neighboring land' uses. Abovegmund utility facilities are typically located in. the public 'right-of-way and highly visible because of their size and/or height, thereby potentially impacting the aesthetics of the community. Public safety could be negatively impacted if.. the aboveground utility facilities and their accessory equipment cabinets are: overconcentrated in specific a-mas, close, to intersections thus impacting motorist visibility;,:.adjacent to sensitive residential or institutional uses; obstruct traffic signals, signs, or other public safety devices located within the. public right-of-way. The requirement of a Design Review allows the City to examine aesthetics iSsues by analyzing items such as height and bulk of the facilities, colors, . . visibility, screening and relationship to adjacent structures, and design. 2. Screening Criteria and Guidelines. The City's objective is to promote and protect safety and the aesthetic environment by requiring the use of subdued colors, non-reflective materials, and screening of the aboveground utility facilities and' their , accessory equipment with landscape materials. 3. Site Selection Order of Preference. The City's objective is to' promote .and' protect safety and the aesthetic environment by requiring, that aboveground utility facilities be located in areas that are the least obtrusive.. .' · 4. Sign Restrictions. The City's objective is to promote safety and ... .a.esthetics by promoting information necessary to be provided at' the facilities while' resti'icting sign clutter. · .'. 5. Removal Required for Abandoned Facilities. The City's . objective is to promote and protect an aesthetic and safe environment by requiring that facilities be removed within ninety (90) days if they are not in use. Abandoned facilities that are l0 13 ]4 ]5 ]? 18 20 2! 22 23 ?.4 ~5 26 2? Ordinance No. 1232 Page 3 of 7 not promptly removed w°uld contribute 'to the blighting of the community and would present potential safety hazards related to vandalism and unauthorized Use.of the abandoned facilities' That the Planning Commission considered this Ordinance on September.10, 2001, and recommended that the City Council adopt this enabling Ordinance. .H. That a public'headng was du. ly noticed, called, and held on said Ordinanceon.October I, 2001, by the City Council. That the proposed ordinance is consistent With the General Plan Land Use goals and policies, particularly: Goal Goal 4; Policy 6.2: Policy 6.12: Policy 8,3': Policy 8.6: Provide for a well balanced land use pattern that accom'modates existing and future needs for housing, commercial, and industrial land, open space, community facilities and. services, while maintaining a healthy, diverSified economy adequate to provide future City servioes.; Assure a. safe, healthy, and aesthetically pleasing community for residents and businesses; Encourage .and promote high quality design and physical appearance in ali' development projects; Review and." revise, as necessary, the City's development standards to 'improve the quality of new development in the City and to protect the public health and safety. Coordinate the cOnstrUction of all public utilities to minimize disruption of vehicular traffic and negative impacts on roadways, Encourage planned improvements to electricity, natural gas, and. communication services systems, , Je' A Final Negative .Declaration has been adopted for this Ordinance in accordance, with the provisions of' the California Environmental Quality Act (CEQA). -- Section 2.. Ordinance No. 12;13 and Part 6 Chapter 2 of Article 7 of the Tustin City Code are hereby amended, to mad as follows: PART 6 DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY. AND IN THE PUBLIC. -RIGHT-OF-WAY · ]0 1.2 t3 ]4 t5 t? 20 22 23 24. 25 26 2? Ordinance No. 1232 Page 4 of 7 .. . 7260 PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain' a safe and aesthetically pleasing environment .i-n the 'Public right-of'Way and on City-owned properties by regulating the. location, color, screening, and other' aspects, of abovegmund utility facilities. · AboVeground utility facilities come in a vadety of forms that include, but are not limited to, cables, wires, conduits, ducts, pedestals, and antennae to transmit, receive,, distributei provide,' or offer utility services. Their accessory equipment typically is contained in .enclosures,. cabinets, artificial" rocks, or boxes to house a variety of uses such as controls for signals, ".electronics and" wiring' for cable television and telecommunications, or power sources,.. Often these facilities are located abovegmund on.existing structures 'such as utility or light poles and have the tendency to proliferate to ensUre user coverage.' 'Such proliferation · "can",."result in visual clutter, blockin{] visibility to sighs and other structures, preventing access roi' the. disabled, distracting.' motorists travelling., along the right-of-way, and can be noisy. Reasonable regulations for locating the.. aboveground utility facilities and' their accessory equipment are necessary to promote the .health and aesthetic welfare, of':the people Of Tusti'n. Reasonable compensation for permitting private use Of public property and the public, right-of-way is also neoessary to offset, the' right-of-way maintenance costs, 7261 LEASE AGREEMENT,REQUIRED No person shall' place, construct," install, own, control, operate, manage, maintain, or 'use any aboveground utility facilities and their accessory equipment in, above, beneath; or across any public, property, exclusive of the public 'right-of-way, without first obtaining a Lease Agreement or License in accordance With' the'. DeSign: Guidelines. Franchises and Right- of-Way Agreements. for telecorhmunication facilities in the public right-of- . · way are governed, by State and Federal-regulations and pertinent provisions of' Chapter 7 of Article 7 of the;TuStin City' Code. .. · .. 7262 DESIGN REVIEW REQUIRED No person shall place, construct, install', own, control, operate, manage, maintain, or use any aboveground utiiity facilities and their accessory equipment without compliance with the Design Review .requirements in Tustin City Code Section 9272 and with this Part' 6, This requirement applies to existing and future franchisees and any other person who Wishes to locate replacement or new abovegrOund utility facilities and their Ordinance No. 1232' Page 5 of 7 · 3 $.: 6" .14. accessory equipment on public property and in the public right-of-way, Aboveground U~.i~!.i~;~.~,ci..li,,ti.,e..'~.s.~!O~,,a.,..t,,e...::.,.d.,'~ithin Redevel~:pment Project ar~as shall be consistent with the respective redevelopment plans. No Design · ??,.: ,,.-.....,?,.?~....-.~..::..~..~view,,s :::,:~'.a,:~p~p~.ls ,,~:...o.,.r...-,,,a:~y:::~ e' ' . .... · ,...,,.., .?..,._,. ...... ,~... ~:."0~..r~....!~ '..'.o .ca.,~..'::¢.b,~i :::.,,.-..iS:~ued unless .::::... ....... ~.~:,,:.~:,::,... · ,:.~ ::, r,~ .R....e._,d,e..,~ele,~m,,e.,n,,.t Ag.,.e,...:n'oy c.-an, m~:.g.....e.~:a ~fi.~.di~g..~o,f:,m.nfer~mity. .~ ~:: · ~ -. ~ ..... ,~ , t. ~ ,',' ' "~ ' "' ~ '~Z." '~" ....... ~:" ..... ~ .......... ! .~. · . . '. · ... :.~,,..., -.... ,.~'%.~;'"-'-'-~ ,¥,? ...... . .............. . .. ....... . .¢~. '~ .... ~.:.:....; ~ .~ ~ ......... ..,.- . Existing abovoground utility ~.':f~i.li~[~s ..:~n..d ?;.aoces~a~,..!e. quipmant prior to th~ off~ive dato of this ordinan¢, shall not .b~ subject to this .. !i! ': ";;,..'.' "' r-..~'g"!.TM' ;"- ~ .:.' :' :'.~ ...... , "-,.~',,,"' -' '-. !.'::"~.';}!' "~'5 .... ~-~'"'-;!'.~..~i--',..., .:::':" "":':.:t:'('" .... i~;.~. :0~. ...'. :';", :~', ..... :,", ~; ...... ¢'~&:.' '.~.¢'"-i,.""~¢.,'' ; ~.~' ~',",.", "i"?l;:~ '"C'':'? ":::" , ! ..... ,,:, ............. ...... . ....... .,.....,. ....... .. .... ,.. . ,.,,.:.:::,~.,., .:.<.A~:~LIC~TION. tFO~ D.ES'IG.~ RE~I.E,.W..,' .,.~ .. ;., ;:::. .. ,~,:: -~ ..- ..... e.,,"-'.~¢ *:,,: ,....~'~¢ '.'.'-."- ,' .... .-.' ~. ,. · ....... . ........... ~,. ,.::,~,~n,.;~:gpplipaa.~.,:,4,s~,a.l[,.~. s.~,~it .~,~,ta.~i .:.of ilt'he~:'.',,.'P~O,~oSed location off, ali n.d.':~.~ti ,,:faoi.iities,Jll..?cludi~ Cejr~a¢cess~::~e.q. uipment located in , ..-, ..~; . ~:,~ ...,. t ,., . .: .... ,...... ,,~ . ..: ~., . ................... :,.., .... ...... .~:.,~ .: ,.,, ::: ..,ca binet.~, ..~ ¢io su ~b..~.~ ...o~.:.~bo~eS.~t.o~;~th e. :Di~.,.o.tor ;ofr~emmu n ity Develop ~eht · ' :" ..... ~i' '"'~ ............. .' ',; .......... . ............... %*' .... , ................i ...................... · ~ '.'" ~.," · · ':"' "'~ ......,~:,. ;.,,(....D~mct~r.~,.).~ r?,!.nf..o~at...!,o.....~.,::~h~!l ..:,a[s.~o.x-be.:.,~m~v...!d~r~'~as~.to the d ~mons~.o;ns,., ~,....,: :..~.. ;..;,.,,~.~ ;.,.'i'~.;i; 'i'~0..r.,.~edi,; ma~.r',i~!:S¢~n,o...i~se~::l;e~ei:s:.~.~.a~d~: whether there!~iil · ,,.~..: ~ · ~72.6,.~ ;i DES:IGN .~E~I E,,~ ~RO~;E.::S,S ' .. . 2 ¢~'~ ": :' ~: ................~...; ...... ' .................. ":~.; ........... ' .................. ~-":'-"' ' ... .......... ..... .... ,.. .:-.,,~'~.~;~,,_..-.'"? ...... ' ':'--.' · ...... ~;,'~:'!,.7i .:,~U.~'?.'~''~ .... ~"~'~ :~ '~':"i~..~.,~..:-;~.~.~;j,~.:, ".'Q ~..'?!!G. ., ,,.~ · ,,...,~ ........ ' ............... :~.'..': '. , . -..~.T...~ .... . ,. U,p.o;p.::t~.e.,.,:.~,,g:¢Plic r~ : nd',. m .ete:~.: :,,.the:.;.'Oirector, or des r~S'":' ' · :'!,..,.-'. ,,?,:' ;...r'. ', ' ·: .... ' fit~ · i .ti~ ...:: .D, ,i re'~{.e, o, desigoe ~h~ll'~.re~i. ~pi (the' . :?)u g th .....:..., ?,:...~ ..... .:~...i e:.. r r~? ~ o~xthe~.: an':. :~:;'...-*.,:~ian sin e c ri · . ~ '~) ~ :. , ..... ~ .tm .... ~:.. ~.. ..... .~ .. a~... ....?:.. ~ ...... .., .......... ~ ........... ·. · ': ~? " "" set.~,...ferth?.~a,~th e:.,r,.,,D.~$ig n..~G:ui~ei ir~ es~.,~:fer,:¢A~)Ovegro u:ad'~. ~til i~ Facilitie~ ~ on .,. s:..,,. ¢ ...:,: ~,: ,..,. ..~..-~ ...... .,,..... : .:~..,, .......,, .... . ,,, ............. ., ...... Public Proporties and in the Public Right-of-way adopted by resolutioh of 'tho City:}~,~..n...¢!.l.¢~;~: if~r.t,.h~',i~'..!.ut~lit....y.~: .fa~li~ias am t¢:.~¢1~,, located wi~h[h. rodovalopmant areas, th~n a finding of conformity by th~ Rod0v~lopm~n...t ~,-^~~.~w,o~u.!...d.. n.o.o~.r~to~:!bo.,;made ~r.,i.e..,~.t01~lhe Bim.o.t.0r~C~nsidoration of !the · .~: :.~,.~,:..,. . ..... , ..... ~ ........................ . ...................................... ~ . · . ~.~... ,,~..~...~.~...~ ~..,. ,~,ag.~li.¢afi~g ~&~.gd~e.~ts,~to:.the~..~!~ra~shall~'be'**~ie...w~d and approvod by..,. ?"' """~ .. ". ............... .~ ............. . ............. '~ °'"{i . , ' . ~ 22r,~.?:: ~.. " .: :p..~rmit~.:,.~¢0~.~.~;Ag:~}0m~at:..,~.~¢'~'M¢o~sO~',:a~:.r;pmv, ided~'for in tha Design 'X'.. ~..; . i~.~, .. - ........................ .~ .... · ........................... ~ ..... ~ .... 2~' .~ ...... ~.~.,~.,.~ ~,~..7... of~'t,h~TUstin~6i~.~G, od~:.:~¢The! abo.~v, eground,"~utili~:.,.fa¢ilities and th0ir ~.., · , .r .,~. ,,.., :..~'~.. ....... ~,. "· 'x ' o . " '~ · :" ~......{ '.~.~'a.]"~:,' :' ...~ ,, . . .....~, -.~. ..~ ~ '~'~' ..... ; . . ~: ',~ ~i. ~4 a¢¢e~ry:~.,.'.o, qu'iCm~.t mu,.. ~bo ':in~stalted'-~',~Ur~uant~:.'~to"-tho approved ' Th~ fioise gen~ratod from th~ abov~ground utility facilities, including their 2~ accassory ~qcjpm:~n....t;::!shali:..ee~l~ly..,w. iti~'!h~o City's n~i~i~Xregulations, .' 26- 27~;. ,, , 7265 AR:BEALS ~'.'.'" :":',"'"' ..... .~" ;"'~'"' ""::" · ,. '-,. ".., ~ ", ~1~ .." :,' .:': 'l,.;".~!' ;,"',.--,.~ :..,; .:":,. "' '.~ ' ' ._,. . ' .... '"- .":...~,'i';¢:'.','~"".' ~"i"' .. '~., ,?.::i.-'-, :':~.."'?.~:: "?~i:i~:-:,~ [~'!¢::.~ 'u:": :?'"~:'-" .... "i,'.'. ,~!,¢. :~':~'L: ............ Ap,,pealsr'~f ;the.:,.... D:irecto¢.s decisio,.ns'.'-'may.::be-taken 'and. heard in accordance . l0 ]2 [4 2O 21 23 24 25 26 27 Ordinance No. t232 Page 6 of 7 7266 TERM/ABANDONMENT' .(a) (b) .. ,. An abovegmund utility facility 'is consi~lered 'abandoned if-it no longer provides service. If the use of the facility is discontinued for any"'maso'n~ the 0pemtor shall notify the City'of Tustin in writing no later than thirty (30) days after the discontinuation of use. · if no notificatiOn, iS. provided to the City, the .facility shall be deemed discontinued, ... .. AboVeground utility facilities, including., their accessory equipment, that are no !.ong~r being, used' shall be' removed promptly no later than' ninety (90)" days after the discontinuation of use. Such removal shall be in a.ccordanca with proper, health and safety requirements.. Ail affected areas shall' be .restored to their original condition at the operator's exPense. (c) The Design Review approVal shall remain vaild for the term of the Lease Agreement, License, Right,of-Way Agreement, or as long as' the encroachment Permit is valid. If the Lease Agreement, License, Right-of, Way Agreemerit, or' EnCroachment Permit is terminated, notice and evidence thereof shall be provided to the Director. UPon termination or expiration of the Lease Agreement, License, Right- .of-Way Agreement, or EnCroachment .Perr~it; the aboveground utility facilities, including their accessory equipment, shall 'be removed from the public property or the public right-of-way. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If .any provision of this part is held by a court to be invalid or. unconstitutional, such invalidity or unconstitutionality shall .apply only to' the particular facts, or if a provision .is declared to' be invalid or unconstitutional as applied to all facts, all of the remaining provisions of'this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council. of the City of Tustin at a regular meeting on the 1~t day of October, 2001, · , Pamela stoker - City Clerk TraCy Wills Worley, Mayor ]0 ]! 13 ]4' ]8 2O 2! 23 24 .26 2'/ ?-8 Ordinance No. 1232 Page 7 of 7 STATE OF CALIFORNIA ) ... COUNTY OF ORANGE ) CITY., OF TUSTIN. ) ... CERTIFICATION FOR:ORDINANCE NO,.-1232 .,. PAMELA STOKER',: City Clerk and ex-officio. Of the City Council of the City of Tustin, California, does hereby certify'that the whole number of the members of the City Council is five; 'that the above and foregoing ..Ordinance .... ..No. 1232 was duly and~ regulady -. introduced at a regular meeting of the Tustin City Coun~ii,.held On. the ~t day of October, 2001. and was given .its second reading, ,pasSed and. adopted at a regular meeting of the City Coun....cil held on the 15...th day of October, 2001 by the following .vOte: .. · CQU. NCILPERSONS-.AYES: .. ,.'COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED:.:· COUNCILPERSONS ABSENT: "Pamela. Stoker,. City Clerk . · . 'Attachment D of October i,. 2001 City COuncil Staff Report ., ResolUtion· No'~:.01-95 .. ... RESOLUTION NO. 01-:95 A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION NO. 99-84 BY ADOPTING DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES AND THEIR ACCESSORY EQUIPMENT · ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY. The City Council of the City of' Tustin does hereby resolve as follows:. · The City Council finds and determines as follows: A~ That telephone, intemet, cable, and personal wireless telephone (cellular) servicing the City are expanding and'upgrading their services and will, mqui..re installation of additional equipment such as abovegroand accessOry equipment;'" antennaS" 'attached to utility poles, street light poles, or other structures on public properties or in the public'~ight-of~-way~· .." Bm On December 6, 1999, the City Council adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power supply equipment within the public right-of-way. These guidelines do not regulate utility facilities · located aboveground such' as antennas attached to utility poles, street light poles, utility towers, or other Structures within the public right-of-way. Ce Currently, there are no guidelines in place for aboveground utility facilities on public properties such as parks, community facilities, or other City-owned properties. New comprehensive guidelines are needed to 'establish design criteria prior to installation of aboveground utility facilities on public properties or in the public right-of-way. De That guidelines and development standards are needed to promote and protect the public health, safety, and general, welfare and preserve and enhance the quality of the City relating to the orderly' development of aboveground utility facilities and their accessory equipment. E~ That a public hearing was duly called, noticed, and held by the Planning Commission on September 10, 2001, and the Planning Commission recommended approval of the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way and Ordinance No. 1232. Resolution No. 01-95 Page 2 of 14 II. F. That a public hearing was duly .called, noticed, and held by the City Council on October 1,2001. .. In adopting the DeSign Guidelines for Abovegro. und Utility Facilities on Public Property and in. the Public Right-of-Way,' the City Council finds 'and determines: .. A. That the guidelines provide standards that mitigate impacts typically. associated with installation of' abovegmund utility facilities and their accessory equipment on public property and in the public right-of- way, including measures to reduce their visual impact. a~ C~ That the guidelines require approval of an Encroachment Permit and/or Design Review proc. ess which .would ensure that aboveground, u.tility facilities and' their accessory equipment are developed in an orderly manner with respect to location, size, and screening. · Traffic signal controller cabinets are exempted beCauSe they are different in nature and function and provide essential services. The traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. Irrigation ..controller cabinets are also exempted because they must be located in close proximity to available power sources. ~ Bi That fair and reasonable compensation shall be secured for permitting .private use of public properties by Utility providers. E~ That it is appropriate for the City Manager, on. behalf of' the City Council, to accept discretionary applications for use of public properties and/or public right-of-way. FJ That the DirectOr of Community Development should be authorized to approve, approve with conditions, or deny the Design .Review application in accordance with the Design Guidelines adopted herein.' For projects located within redevelopment. Project areas, the Redevelopment Agency Shall make a finding of conformity to the respective redevelopment plans concurrently or prior to consideration of the Design Review application. No Design Review approvals shall be granted without a finding of conformity by the Redevelopment Agency. G. A Final' Negative Declaration has been prepared and adopted in accordance with the provisions of the Califomia Environmental Quality Act (CEQA). Resolution No. 01-95 Page 3 of 14 i11. The City Council hereby amends Resolution No. 99-84 by adopting the Design Guidelines for ^bovegmund .Utility Facilities on Public Properties and in the Public Right-of-Way attached hereto as Exhibit "A" to be followed when considering an .Encroachment Permit and/or' Design Review appi!F, ation for the installation of aboveground-utility facilities and thei~ accessory equipment on public'pmperties, and.in the public right-of-way. .. , PASSED AND ADOPTED .at a regular meeting of the Tustin City Council, held on the 1st day of.October, 2001 ...... Pamela Stoker ' City Clerk. 'TraCY'Wills Wofley" Mayor STATE OF CALIFORNIA ) COUNTY OF OPeN. GE ) CITY OF TUSTIN .). .. I, Pamela Stoker, City' Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the. members of the City CounCil of the City of Tustin..is five; 'that the above and foregoing Resoluti°n No. 01-95 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1 st day of October, 2001 by the following vote;, · COUNCILM.EMBER AYES: . COUNCI.LMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker .... City Clerk Exhibit A of ResolutiOn No. 01-95 ' .~. Design Guidelines-for'AbovegroundUtility Facilities on' Public 'Properties and in the Public Right-of-way .:: · · · . EXHIBIT A DESIGN GUIDELINES FOR ABOVEGROUND UT. ILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY SECTION 1' PURPOSE AND INTENT The purpose of these guidelines is to implement Part 6 of Chapter 2 of Article 7 of the Tustin City Code (Ordinance No. '1232) and regulate the placement and design of abovegroun.d utility.facilitie's and their accessory equipment'in conjunction with any City- permitted use of public properties and public right, of-ways. These guidelines are intended to protect the health, safety, aesthetics, and welfare, and secure fair and reasonable compensation for Permitting private use of public property. SECTION 2: DEFINITIONS For purPoses of these guidelines, the foliow!;ng.words and phrases shall have the. following' meanings, unless the ~conteXt c/~.the' sentence in Which 'they am used indicatos otherwise. "Aboveground AcceSsory Equipment" or "Accessory EquiPment" means, any aboveground equipment located in enclosures, cabinets, a~ificial rocks, bo~es., or other structures' to facilitate the operation of their associated utility'facilities. · "Aboveground Utility Facility" or "Utility Facilities" means any aboveground public or private plant, equipment, and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, utility poles, street light poles, utility towers, or other structures and' their .supports, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer utility services. This includes facilities for personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7). , "City" means the City of Tustin. "Council" means the City Council of the City of Tustin. "Co-location" means the locating of more than one abovegmund utility facility provider on a single stmctur~mounted, roof-mounted,.or ground-mounted utility facility. "Director" means the Community Development Director of the City of Tustin. "Grantee" means a person who has. been granted a Lease Agreement or License pursuant to this policy and guidelines. "Interference" means any instances of interference with public safety radio equipment · . preventing clear radio reception which includes, but is not limited to, static, unwanted signal, and distortion of sounds or reception. Exhibit A of Resolution No. 01-95 Page '5 of 14 "Lease.'Agreement or 'License" means a contract agreement between the City. and a person pursuant to this policy and guidelines. Th6 Contract may.be in'=the form of a lease if the,' City owns a fee interest in the property or in the form of a license if the City has a leasehold interest in the' Property. · "Person" means 'and includes, but is not limited, to, corp0mtions, companies or associations, firms, partnemhips, limited liability companies, and individuals and includes their lessors, trustees, receivem, and sUccessOrs in interest, .. '"Public property" means any property in." which.",~e City" of Tustin. and/or the City's RedeveloPment Agency holds a legal interest, except the pUblic.right-of-waY. · "Public dght-°f-way"--,means and includes all public streets; easements now or hereafter owned in foo or easement by the City. · sidewalks, and utility · "Public Works Director" means the .Director of Public Works of the City. ,. · "Stealth 'FacilitY'"- means any abovegmund utility facility which is disguised, to appear as anCither natUral or artificial man-made object that is'.prevalent in the surrounding environment or which is .architecturally integrated into a building or other concealing structure. .,. "Utility Provider" means and includes any person that proposes'to or does own, control, operate, or manage plant, equipment, or any other facility on 'public property or in tho public fight-of-way for the provision of an utility service. ~ . "Utility Servic. e" means' and includes any electrical, gas, heat, water, telephone, pipeline, sewer, or telegraph services or commodity,: where the. service is performed for, or the commodity delivered to, the public or any portion thereof. SECTION 3: APPLICABILITY ' These guidelines regulate the installation of new and replacement aboveground utility facilities and their accessory equipment on" public properties or in'the public right-of- way.. - SECTION 4' PROCESS 4.1 Application Process The City Manager or designee may accept a d!scretionary aPplication 'for use of public property and/or public :right-of-way for aboveground utility facilities and process the application in accordance with Tustin' City Code Section 9272 related to the. Design Review process. At th~ City Manager's sole discretion, a request to submit an application may be denied.. Authorization to submit an application does not commit the City to approve the proposod use. Exhibit A of Resolution No. 01-95 Page 6 of 14 4.2 Upon. the aPplication .being found complete by..the Community Development DireCtor ("Director") or designee, 'using the criteda set forth in these guidelines and Tustin. Ci.ty COde· Section 9272, the Director .may approve, conditionally approve, pr deny the application. The Director. reserves the right to, .or if required will, forward any application to the planning Commission and/or City Council for consider, etlon, and action. · , For projects located v~ithin,.red~vel°'pment project areas, a finding of conformity t° the respective redevelOpment plans shall be' made concurrently or prior to co,.n.,sideration of the Design .Review application.;., No approvals shall .be granted unless,, the Redeve!opment Agency can make a finding of conformity. ., Upon the appro.val of the application, the.. Grantee shall obtain all applicable permits prior to installation of the aboveground utility facilities.and their accessory equipment including, but not limited to, Lease, License, Right-of-Way Agreement under Chapter 7 of.Article 7 of the Tustin City Code, electrical permit; building permit, encroachment permit, owner authorization, and other required permits by the City or any other agencies such as .Federal Aviation Admin!stration .(FAA), Federal Communication:~Commissien .(FCC), Public Utility Commission (.PUC), or other County, 'State .or Federal agencies, However,: existing franchises or agreements need not be reconsidered by the City Council unless the'franchise agreement requires such consideration,' Design Review al .. Design Review approval in accordance with Tustin City Code Section 9272:, shall, be required, prior to the placement, .conStruction, installation, operation, establishment, or~ modification of any-:abo, veground utility facilities on public property and in... the pUblic.right-of-way. b. C~ A Design Review application shall be accompanied with a statement to indicate that the util.ity facilities will not interfere'with the Public Safety Radio Equipment. If interference occurs after the installation, the utility' providers shall take immediate action to eliminate the interference and pay all associated fees for compliance. · .... · Design Review approval shall remain valid for the term of the Lease .Agreement or License and/or Right-of-Way Agreement including any extension thereof or as long as the encroachment permit iS valid, Upon .termination or expiration of the Lease' Agreement Or License, Encroachment Permit, Right-of-,Way Agreement or upon the failure of Grantee to build the facilitY within 180 days'of its approval, the Design Review approval for the facility shall become' null and void 'and the facility shall be. removed within thirty (30) days from such...termination or expiration.;. - , Exhibit A of Resolution No. 01-95' ' Page 7 of 14 d~ e~ Design: RevieW. 'approVal for abovegr0und accessory equipment associated .with the operation of. the utility' facilities shall be considered'in accordance with the process" and criteria as outlined in .Section 7 of these'guidelines. In addition to the information requested in the Development Application Form, the following items shall be required [or an aboveground utility .facility: ' .- ' ..... · ~.. le A statement, providing the. mason for the location, design, and height of the proposed abovegmund utility facilities; , Evidence satisfactory' to the City demonstrating' location or co- location unfeasible on existing strUctures, light or utilities poles/towers,, and existing 'sites' for reasons of structural support capabilitieS,, safety,. 'available space, or 'failing to. meet service · '.'coverage ama needS;' .." ... A photo' simulation of'the proposed abovegmund utility facility in 'true's~le, · ..... '. ,. A site plan showing the .locations of all' proposed and existing aboveground utility facilities.. · ' .. . . 5~ A screening plan showing the specific placement of landScaping or any other', proposed screening materials 'to be. used to screen the above'ground utility facilities, including the proposed color(s); and, 6~ A signed'statement that the applicant. 'agrees": to allow for co- location of additional aboveground utility' facilities on the same structures~ or within'-the same site location, or whether such co- location is: unfeasible; and the reasons.for such unfeasibility. ,. ,: ·., SECTION-5: DEVELOPMENT G'UIDELINES" Aboveground utility facilities on public property and in the public fight-Of-way shall be placed in locations where there is little .'or no interference with public use of the properties and the rights or reasonable .convenience of.property owners'who adjoin the properties. Aboveground accessory equipment located inside cabinets, enclosures;, artificial rocks, boxes, or other structure shall be subject to criteria listed in Section 7 of these guidelines. The following criteria shall apply: .. al, Stealth.Facility. ' Abovegmund utility facilities shall be designed as'. stealth facilities with concealed antennas to be placed within existing structures such as buildings, utility poles, light poles, utility towem, freestanding signs, score boards, towers, or fencing and shall blend' into the surrounding environment or be architecturally integrated, Exhibit A of Resolution No, 01-95 'Page 8 of 14 C~ d~ e. g. hi Co-location, .. Aboveground ...utility. facilities shall be co-located'with' existing aboveground utility facilities, whom,.possible2'. ~henever any existing utility facilities am located underground, within the public right-of-way, the utility providers with permission to o~upy the same public right- of-way shall co-locate their 'utility' facilities undergreund. ,. ;- C01om. Any part. of abovegr0und utility f~cilities visible..to public view shail have subdued colors and non-reflective materials which blend with surrounding materials and colors and shall be covered with an anti-graffiti material. · , · · ; : Screeningsl For building- or struCture-mounted facilities, screening shall b~ compatiblewith the.existing architecture, color, t~xture, and/or .materials of the building or structure.; ..~ : .. ~. · · ..Landscaping, When landscape screening is proposed or required, the landscaping · shall be compatible with the surrounding landscape ama and shall be a type and variety capable of screening the aboveground utility.facilities. All landscaping areas shall be adequately., maintained which include, but not limited to: trimming, mowing, weeding, removal o.f litter, fertilizing, regular watering~..and replacement of diseased or dead plants. .. Signs. Any signs attached to..aboveground utility facilities shall.comply with the. City of Tustin Sign Code. AccessOry .Equipment. Accessory equipment associated with the operation, of the utility-facilities shall be.designed, located:and be.made part of the structures (i.e, as part of the base or support structure) or be located within buildings, enclosures, or cabinets in accordance with Section 7 of'these guidelines, ...'. Required Removal. The City, in-accordance with the Lease Agreement or License, Right-of-Way A~mement, or Encroachment permit, as applicable, reserves the right to require the removal or relocation of any aboveground utility facility when determined to be necessary to.protect public' health~': safety,'.: and welfaro by giving ninety (90) days notice. ' ., · · Undergrounding,. The City reserves the dght to roquim that-all utility facilities including their accessory equipment be. placed.underground when technologically · feasible. -'. ,.. -; '. · SECTION 6' DEVELOPMENT' STANDARDS Development standards including height limits for any aboveground utility facility on public property and in public right-of-way shall be. determined pursuant...,'.'to the Design Review process. .. '. .. , Exhibit A of. Resolution No, 01-95 Page 9 .of 14 · .. SECTION 7:. ABOVEGROUND'ACCESSORY EQUIPMENT . AboVeground-.accessory equipment for ~ibovegmund utility facility located inside cabinets, ericlosures, .artificial rocks, boxes,, or other Structure shall be subject to the following cdterla: ' · 7.1 Process a. Replacement Abovegmund AcceSsory Equipment that are the Same Size as Existing "Abovegmund Accesso~ Eqtiipment. Installation of replacement aboveground accessory equipment shall be approved "'.in' conjunction..with' issuance of an Encroachment Permit · provided the replacement above'gmurid'-accessory equipment is the.same size or' smaller than the existing ab0veground accessory equipment and the aboveground accessory equipment complies with the height requirements set forth' in Section 7,3 herein. ' ... . .. . . New Aboveground 'Accessory EqUipment or Replacement Abovegmund ' Accessory~' Equipment' that are Larger than Existing Aboveground Accessory Equipment. · Installation of new aboveground accessory equipment or replacement abovegmund accessory equipment that are larger than the existing aboveground accessory equipment may be approved in conjunction with issuance.' of' a concurrent Encroachment "~Permit/Design Review apPlication..,: provided that each the'following requirements are met: ... 1.'..-No.abovegmu'nd accessory .equipment may be located adjacent to a front-yard area of a resi'~lentially zoned or used property, ..:. . .. 2. Tho aboveground accessory', equipment..complies with the height ... requirements s~t forth in Saction 7.3 homin. 3, The aboveground accessory equipment complies with the requirements of' the Americans' with Disabilities-Act, e No aboveground accessory equipment may be located in an area that obstructs line of sight at an intersection, driveway, or alley. Co Comprehensive Manual in Lieu of a Design Review, A comprehensive manual may be submitted in lieu of a Design Review application for .new or replacement ab0veground accessory equipment-' that' meet each of the-requirements of Section 7,1(b) above; The manual shall contain sufficient information to verify compliance with the above-requirements such as type and size of the proposed aboveground accessory equipment. Whon a' project · Exhibit A of Resolution No. 01-95 Page 10 of 14 is located within redevelopment project areas, the comprehensive manual shall also be submitted to the Redevelopment Agency for finding of conformity to the respective redevelepment plans. Upon approval of the' comprehensive manual, the applicant shall obtain an Encroachment Permit, The Community Development and Public Works Departments shall review the Encroachment Permit application. 2. · Installation of abovegmund accessory equipment ,in accordance with. an approved comprehensive .manual shall not be subject to a Design Review process, d, New Aboveground,Accessory EquiPment or Replacement Aboveground Accessory .EqUipment that cann..o.t comply with Requirements for · . .Concurrent E.ncmachment Permit/Design'Review [Section 7.1(b)] . ~;. , ,: . Installation of new abo~egmund accessor~ equipment or replacement aboveground accessory equipment that are larger .than the existing aboveground accessory equipment and cannot' comply with the requirements for a concurrent. Encroachment Permit/Design Review [Section 7.1(b)] require a Design. Review. prior to issuance of Encroachment Permits. .. .... e, System Upgrades.. .. .. ,. System. upgrades which require substantial, installation of new and replacement, aboveground accesso, ry equipment-shall require Design Review approval prior to issuance of Encroachment Permits when Design Review is required by these guidelines,-A comprehensive Master Plan depicting the~. locations of all .new and: replacement aboveground accessory equipment shall be submitted concurrently with the Design. Review. application. ' ..... 7.2, Development Guidelines .. Location,. size, and. screening of proposed aboveground accessory equipment will be considered by the Community Development Department in accordance with the following :criteria: -, .0 .. .. a, Location . .. 1, Whenever feasible, accessory equipment should be installed · underground. If it. is not. technologically feasible .to install an accessory equipment underground, the utility provider shall submit a letter of explanation regarding the" hardship associated with or unf~asibility, of underground installation. One letter may be included in the comprehensive manual described in Section 7.1(c) for all proposed accessory equipment within the manual. Exhibit A of ReSolution No. 01-95 Page 11 of 14 2. When undergmund installation is not feasible, the following order of proferonce shall' be "considered for aboveground installation of accessory equipment of any size: · a, Abovegm'Und accessory equipment should be designed .as stealth facility. · · . . b' .. Abovegr~UnCl '" aCceSsory" equipment 'should be located adjacent to non,residential properties in an area where no modification to the existing right-of-way would be, required and.;existing landscaping 'is present to screen the accessory equipment. " c. Aboveground accessory equipment should be located adjacent to side or rear yards, of residential properties, · preferably on major streets where no' modification to the. existing ri'ght-of~way-would 'be required and existing : landscaping is preSent to semen the accessory equipment. d, Abovegmund accessory equipment should be located as closely as possible to the shared property line between the front yards of'reSidential properties. Where no sight distance from driveways wottid be. obstructed . . 3.Consideration shall be given to the humber of exigting aboveground accessory equipment within, a particular area and over- concentration of aboveground accessory equipment 'shall be · . avoided. Over-concentration ,is-defin. ed',as more than one (1) aboveground accessory equipment installed adjacent to the: same .' side-of a' propecty, If a sufficient distance separation is not technologically feasible ..... ,. a. Abovegmund accessory' equipment' shall be located as far as possible . from existing aboveground accessory equipment; .and, ~ . · ,., b. The.,.. accessory equipment owner/installer shall submit a letter of explanation regarding, the hardship associated with or anfeasibility of. installing' the -. aboveground accessory equipment at a sufficient distance from an existing abovegr0und accessory equipment. · 4. Abovegmund. accessory-' equipment located in parkway areas should' be' Iomted. at the' same distance from the curb as other aboveground accessory equipment along the parkway to create a uniform ,etback distance and appearance, Exhibit A of Resolution No. 01-95 Page 12 of 14 7.3 7.4' 7.5 5~ Aboveground accessory equipment shall not: a. Obstruct ii.ne..,'0f sight requirements at intersections or driveways; .': · ..... o b~ Ce Obstruct or hinder opening of vehicle doom; Obstruct disabled access along public sidewalks to the extent-that, a minimum ..of .four (4) feet clear sidewalk would not be maintained; ' .. . d.. Interfere. with .any .existing or .proposed improvement projects. ~.,-. Height a. The ,height of" any replacement, aboveground accessory equipment that are larger than existing: or new aboveground accessory equipment to be located, adja~nt to the,; front, side, or" rear .yards of residentially zoned properties may not exceed the permitted height of f~ncing as determined at the prope...rty, line..in .residentially;.zo,ned areas. .. b. The height of'.any replacement aboveground accessory equipment that ............ are larger, than existing or new-ab.ovegmund accessory equipment located in non-residential areas will be considered on a case-by-case basis. . .. .... Screening .,.. · · · . · in . .residentially . zoned areas, abovegmund accessory equipment shall be · enclosed or scre.ened to match or complement surrounding features such as fencing~ buildings, or landscaping. The use of a matching accessory equipment color or applied paint, texturing,, or faux finishing, or other techniques shall be applied in accordance with manufacturer- recommendations. . ....... -a, b. The use of crash, posts i.s discouraged. However, if shown to be necessary, the exterior finish of the crash post should be painted the color of the aboveground accessory equipment.. · . ., c. Access openings shall face away from street frontages whenever feasible. · . · .. STANDARD CONDITIONS OF APPROVAL · · a. Noise-emanating,. from an aboveground accessory equipment shall not · exceed.the City's adopted Noise Ordinance standards. be The accessory equipment :~owner' company shall file the accessorY equipment identification number, company name, person responsible for Exhibit A of Resolution No. 01-95 'Page 13 of 14 · maintenance of the accessory eq..ui'pment, and the .phone: number with the Public Works Department. This information may be included in the comprehensive manual described in Section 7.1(c) of these guidelines. C~ , The aboveground accessory equipment shall not' bear. anY signs of advertising devices (other than ce.rtification, warning, or other required seals or signage). , . Aboveground. accessory equipment shall be constructed or treated with appropriate., materials which discourage or repel, graffiti and the accessory equipment owner shall be responsible, for removing.graffiti from accessory' equipment within foCET-eight (48)houm. Accessory equipment, owners shall be resPonsible for costs associated with any necessary enforcement action related to graffiti removal. el" gw Any removal of landscaping necessary to install the aboveground accessory equipment shall be replaced with landscaping, materials similar in number, type, and 'size as approved by the Directors of COmmunity Development, and.Public Works; .. The utility provider 'or accessory equipment installing entity shall be responsible for reconstruction of in-kind facilities within the Public 'right-of- way that are damaged or modified during installation of aboveground accessory equipment. Prior to installation, the utility provider shall ,provide notification to adjacent property owners within a one hundred (100).foot radius indicating the type, location, and size of .aboveground accessory equipment that will be installed and the estimated start and ending dates of construction. he The aboveground accessory equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider. shall be responsible for treating any rust by either .repainting or any other method recommended by the manufacturer that eliminates the rust. SECTION '8' ABANDONMENT A abovegr0und utility facility and/or its accessory equipment' is considered abandoned if it no longer in 'service or is in default pursuant to default provisions in any lease agreement, license, Right-of-way Agreement or any other applicable agreements or licenses. A written notice of the determination of abandonment by the City shall be sent or delivered 'to the Grantee. The Grantee shall have ninety (90) days to remove the facility at the Grantee's sole cost and expense or provide the Community Development Department with evidence that the use has not been disc°ntinued. Such removal ,shall be in accordance with proper health and safety requirements. If the .use of the .aboveground utility facility and/or its accessory equipment is discontinued for any reason, the-Granteo shall notify the City of Tustin in writing no later Exhibit A of Resolution No. 01-95 " , Page '14 of 14 · · than thirty (30).days after the discontinuation.of, use. Aboveground utility facilities and their, accessory equipment-that 'are no longer being used shall be removed within ninety. (90) days after the discontinuation of use. Such. removal shall be in a~ordance with health and safety, requirements. All disturbed areas shall be restored to original conditions at the Grantee's expense,- .. If the facility is not removed within the required ninety (90) day period, the City shall be entitled to remove the facility at the Orantee's sole cost' and expense. The Grantee shall execute 'such documents of' title 'to .convey. all.., right,., title, and interest in the abandoned ab'oveground utility facility and its accessory equipment to the City.. : SECTION 9: L~t~SE AGREEMENT OR LICENSE Ail persons wishing to construct, attach, install, operate,.' maintain, or modify a aboveground utility facility and its accessory equipment on public property, exclusive of the public right-of-way, in which the City has ownership, easement, 'leasehold, or any other Possessory interest after approval of a Design Review appli~tion .shall obtain a Lease Agreement or License.and any other approval required under these guidelines, A leas~ Agreement or .License shall be subject to approval of the City-Attorney's office and the City Manager's office as to the specific terms and conditions required. S:\CDD\CCRBSO.~I-95.doc , Attachment 2 Comments from Utility Providers John E. Stratman, Jr. Director External Alfairs 17310 R:),q :-t~:~ -Xven~e. Su~le 2;::. Irwne. California 92614 (949) 440-6638 Office ((949) 250-0515 Fax PACIFIC October 2, 2001 Ms. Justina Willkom Associate'Planner City of Tustin 300 Centennial Way Tustin, CA 92780 RECEIVED NITY DEVE .OPMENT Re: Proposed Ordinance No. 1232 Dear Ms. Willkom: I.. would once again like to thank you and the members .of the CommuniW Development staff for the amount of time that has been set aside to meet with Pacific Bell. We would also like to express our thanks for your work on our suggestions with regards to the proposed Ordinance No. 1232 and Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way. During the recent City Council meeting on October 1, we stood in bom of the Council and outlined four specific areas that we requested clarification or that be changed. As was directed by Mr. Huston, I have outlined these areas within this letter in hopes they too will be accepted favorably. Favorable acceptance would enable us to stand beside you in endorsing this ordinance when it is presented to the City Council. To begin with, will the section that is outlined within the Public ~put section of the Planning Commission report on page 5 remain in the final ordinance? We specifically ask this question because comment 12 outlines that landscaping-after the completion of .construction will be ".maintained as was previously done. prior to construction, i.e. maintained by City or adjacent property owner, etc." It is the policy of Pacific Bell to replace all landscaping, damaged as a result of a construction project. However .it is not the policy to maintain the landscaping after the completion of construction. Pacific Bell would request that the city's answer.be outlined as is mentioned in this section within the body of the ordinance itself under those areas pertaining to landscaping. This is so those individuals in the future that read and apply 'this ordinance will not differ in their interpretations of its original intent. Secondly, is it the City's understanding or intern that a stealth facility would apply to those wireless or cable providers that conduct business or construct antennas / boxes. within the City? The section in can be found in Exhibit A of Resolution 01..-95 on page 5. City of Tustin Response to Ordinance No. 1232' October 2, 2001 Page 2 If so, i would ask that the following language be added to the definition section and throughout the body of the ordinance pertaining to stealth facilities. If accepted by staff, the new language would read, "Abovegro.und utility facilities of wireless and cable providers should be designed as stealth facilities, etc." Thirdly, under the section entitled colors which can be found within Exhibit A of Resolution 01-95 on page 8, I would ask that the language, whenever feasible be added. We make this request due to the fact that our vendors only make our telephone cabinets in specific colors and without an anti-graffiti material. We fin'ther'believe that. this .point has been and will continue to be further outlined in the Comprehensive Manual which was originally adopted On December 6, 1999. Lastly, within Exhibit A of Resolution 01-95 on page 9, we would ask that the following language be added to section 7.1 (b)(1) - "As exempted as provided in section 7. 2(a) (2) (d)." This request is based on that within the context on 7.2(a)(2)(d), the City' encourages the placement of aboveground accessory equipment as closely as possible to the shared property line between the front yards of residential properties. Which is not the case within the current context of section 7.1(b)(1), which states that, "no aboveground accessory equipment may be located adjacent to a front yard area or a residentially zoned or used property." Pacific Bell feels th'at this would bring some continuity to both of these sections. ' Again, allow me to reiterate our thanks to you for both your assistance and continued support with this matter. I look forward to discussing these matters in more detail during our formal meeting. Please feel free to contact me at (949) 440-6638 should you have any concerns. Sincerely, Director, External Affairs CC' Elizabeth A. Binsack Karen Peterson William Huston Oc, obcr 4, 200! R~ion Mma~er Publie Affair~ Ms. ~'U~' Willkom _~sociate Pl_~nner City o£Tus i 300 .Cenxennial Way Tustiu, CA 92780 RECEIVED OCT. 0. '2001 . COI NITY DEVELOP NT. $~bj¢ct:. Proposed Ordinance No.' 1232, ResolutiOn 01-95 regarding Abovegr°und Utili~ 1~aeilifies on Public ?rope~es and inxhe l~ub~ic Rigkt-of-W~y. . Dear MS, Wil]kom: ,~ . On behalf of Sou~ern C~li~orfia E~ison. I would Iike m again thank you and members of the Community Developm~ staff for ~king flae rime'to consider.our concerns and commen~s regarding this proposed.ordinance. The time and effort spent on t~is ma~ter is sincerely appreciated. · Per xhe directio~ of City .Mmaager,.Mr. I-Iuston, ~d the ,ity ¢oun~ a~:'t'h~ Om:ob~ 1 m¢¢ting~ .I am s~diag this lcner to outllne Edison's reque~.for ¢larifi~atio~ on a of kerns included in the.proposext Design C_.mid¢lines. , I wouid also like t.o state tha~ our requem for clarify~g language does not ~tim~te tha~ it is city staff's intention to not allow Edison the necessary flexibility, tO mainxain and repair our equipm ..ea~:. Howev~.,'we do prefer specific language, which prevea~s in~erpretafon at' some time in the fu~e.' .. 1. In re£erenee to Proposed Ordinance 123'2, page 4, Se~ion 7261~ I ~m.r. equest/~g a wrir~ confirmation that Ed/mn C~~r Solutions, as a provider, op~atirtg.pursa~t to a Certificate 0fPublic Cortvenicn,e-& Ne,e~sity, granted by the CsliForlfia Public Utilities Commission (CPUC) is exempt from ob~ainiag a Lease.or LiCense Agreeme. n~:. 2. It is our tmd~smading that this proposed ordinance covers not only ' ~:¢l¢communication and wireless faeilifies~ but also "Above.~ound Ufilky . Facilities" and "Utility Facilities per ~, proposed Design C~dOlines (Exhibit: A),. Section 2 defmifi, o~. Irtclud~ in this dcf'mkion i~, "abovegrotmd or priva~:¢ plarn, cquipmeat, and properts~ in¢lu~g, but not limited, to. Cables, wires, conduits, du.c~s, p,cl,st, als, antenaae, utility poles, st.ree~ light poles, utility towers. a.rtd other srm~es and ~¢ir support, electronics, ~cl .other appu~¢naaces used or to be used ~o .trait, receive, distribute, provide, or Offer utility service~." a. '.R. ef~.cmcing r.h¢ above' d¢finkion, We would like m suggest d~ar 4.2 regarding Design R.~¢w appro, al, be ame~decl ~:o clarify ~e meaning g O, Box ~ 982 · , Santa Ama, CA'9271 t .1 gg2 7 ) 4-975.-554~ Fa~ 714-975.57:52 bamon~~e.c~ · of th~ term 'kn~catiou" or to Mim,.'n~se .k as it pertains to Ed!so='s utility facilities, our ounem'Fmnchis¢ A/r~mea~ (Ordinance No. 76) with. tho City of Tusfin allows the company-to "lay, conSUmer, erect, install, operate, maintain, .use, repair and r=pla¢¢" our facilities for .. mmsmi~, g and .distributing ¢Ioeuioity within the City of Tus6n. Although we b¢Ii~ve the intent is to only rogulat¢' teleCommunications-and .witless facilities as ~ey are attach~ to our utih'W facilities, clari~ation would be appreciated. ; Additionally, ~h¢ City has'previously approved a "Comprehenm'vc Mauual 'in Lieu of a Design R~ew" for above, round ..cabinetS per .the 1999 ordinance. The curren~ proposed gaide~es for Ordinance 1232 provides the same '.'Manual in Lieu of Design P, eview" for Aboveground Accessory F~uiPm~ in Section 7. Edison would like to have our standard "utility facilities" as defined.by. t~s Or~cc, also covered und~ the "Manual in Lieu of Design Review" process, particularly as h relates to streetlighm and streetlighl poles. We also support Pac'~t~c Bell's suggestions regarding landscape maint~nan¢o ar~ cabinet Color and 'an~i-graffiti materials. Edison's policy is to re-pair any damage to Iandscap~ · duc to co~ction, but we do not maintain it thereafter. Also, as discussed previously with city s'taft, we would support thc addition of"when feas~l¢" relating to color and and-graf_fid material on our facilities. A§ain, I would llke .to reiterate our appreciation for consideration of our corioems as .well as your. assistance, time and effort're~ardin~ this proposed ordinance. Please let me know if you require any additional infOrmation or clarification. I can be reached at (714) 97.3-5548. · Sincerely, ICim Schcrer P, egion Manag~ Cc: Elizabet~ Binsaclq Director of Community Development William A. Huston, City Manager The , i, Consulting . ' Group, Inc. October 3, 2001 Justina Willkom City of Tustin Community Development Department 300 Centennial Way Tustin, Ca. 92780 Re: Proposed Telecommunications Ordinance No. 1232 This office .represents Cingular wireless (formerly known as Pacific Bell Wireless). Thank you for the oppOrtunity to comment on the proposed Ordinance No. 1232 and Design Guidelines for Aboveground. Telecommunications Facilities on Public Properties and in the Public Right-of-Way. While we appreciate your efforts explaining your intentions in the report to the.Planning Commission we would like to see the clarification in the document its self..Things change over time. People move on to other jobs. Unless.there is a clear definition in the ordinanCe, what your intentions are today can be misconstrued by someone else tomorrow. Section 5 Development Guidelines item A Stealth Facility states .... Aboveground utility facilities shall be designed as .stealth facilities with concealed antennas to be placed within existing structures Such as buildings, utility poles, light poles, utility towers, freestanding signs ......... · A'utility pole is defined i'n our business as an all-wooden p01e used by the various utility companies.and governed under the Southern California Joint Pole Association, which we are members of. You cannot place antennas within a utility.pole. The State of California General Orders governs where and.how we attach to a utility pole. The example's you gave in your response are associated with 'the use of a light pole. What definition are you using' for utility pole? .My initial.comment.on · "How is being adjacent to residential or institutions.a public safety concern? was responded to with over concentration blocking visibility, which we understand. You also referred to children playing or. congregating in'the area and the power supply being dangerous if vandalized or broken into. i am not aware of any vandals breaking the locks on the cabinets. Are there-police reports or documents supporting this concern? The type of power connection made to the equipment is very similar to the connection made.to every home in a residential neighborhood. It should be considered safer as there is a lock on the cabinet. 18500 V°n Karman Avenue, Suite 870 · Irvine, CA 92612 · Phone' (949) 477-3010 · Fax: (949) 477-2370 "We have some very stealth designs we can use in the right-of-way, but they still require an above ground power cabinet. The meter must be easily accessible for the power company to read the meter and properly bill their customers. Cingular Wireless appreciates this opportunitY to comment, .and will make itself available at any time to answer any questions, which the Commission may have concerning our service'to the Tustin community. Sincerely, Manager - Right of Way. (714) 883-5749 tholte@tcgsite, corn ;..I',':!''''' EDi SON® An EDISON IN'FERNATIONAL~ Company Kim Scherer Region Manager Public 'Affairs October 29, 2001 Ms. Justina Willkom, Associate Planner · Community Development Department City of Tustin 300 Centennial Way Tustin, C'A 92780 SUBJECT' Draft Ordinance No. 1232 and Design Guidelines for Aboveground Telecommunication Facilities on Public Properties and in the Public Right-of-Way. Dear Ms. Willkom: On behalf of Southern California Edison, I would like to "express my appreciation to City staff for responding to our recent letter and giving us the oppommity to. comment prior to the upcoming city council hearing. .. We would like to further comment, on two items included in Exhibit' A of Resolution No. 01-95, Section 5' Development Guidelines: 1. Section 5 (b) Stealth Facility- Southern California Edison would like to have clarification regarding the requirement of architectural integration when wireless antennas are placed on our utility towers. Since these antennas are placed on structures that support high voltage Cables, some specific safety measures are required including the distance of the antenna from.the structure and the actual placement on the structure. These requirements are in place for the safety and access of the Edison crews, as well as the wireless provider and ultimately the Edison customers. a. Edison would request that these limitations be acknowledged in the proposed guidelines. : 2. Section 5 (f) Landscaping- similar to the above issue, telecommunication providers who attach their facilities to Edison structures are required to maintain landscaping which is consistent with State of California guidelines, as stated in GO 95 for all utility providers. a. We would like to request an amendment to Section 5(f), by adding the phrase "and, if appropriate, must be consistent with State of California guidelines, GO 95, as required for utility providers." Lastly, regarding Section 4.2 Design Review, (f)(1) Comprehensive Manual for Abovegt:ound Utility Facilities, the proposed guidelines currently state that "When a P. O. Box 11982 Santa Ana, CA 92711 - 1982 714-973-5548 Fax 714-973-5752 baronek@sce.com Ms. Justina Willkom City of Tustin October 29, 2001 Page 2 .project is located within a redevelopment project area, the comprehensive manual shall also be submitted to the Redevelopment Agency for a finding of conformity to the respective'redevelopment plan." While we do not object to this requirement, we do question the necessity of providing an additional manual that has been previously submitted to the Community Development Department. It would seem that the same manual could .be shared between departments if there is no change in the information contained therein. Once again, thank you for the oppommity to respond to this imPortant matter. Please contact me'at (714) 973-5548 if you require any additional information or clarification. Sincerely, Kim Scherer Region Manager Cc' Elizabeth Binsack, Director of Community Development Willkom, Justina From: Sarah Burbidge [SBurbidge@malip.com] Sent: Tuesday, October 30, 2001 3:01 PM To: jwillkom@tustinca.org Cc: leslie daigle Subject: Above-ground Utility Ordinance Dear Justina' This is to confirm our conversation today regarding the latest draft. As I discussed, on behalf of AT&T Wireless we have remaining concerns about (1) the extent of, and need for, design review in right-of-way sites located in residential areas; and (2) undergrounding. As we understand the Ordinance and Guidelines, all above-ground equipment and electrical boxes must undergo design review when they are adjacent to the front yard portions of a residence. Our difficulty is this' virtually all right-of-way sites in residential areas must, because they are along the roadway, go in front of some portion of a residence, and that portion is almost always adjacent to a front yard. Residential sites are extremely important to provide the coverage the public demands, yet injecting design review in every case will inevitably delay installation. The normal process in the case of any right-of-way installation, residential Or not, and consistent with state and federal law, is issuance of an encroachment permit. We do not believe the City should deviate here from that well- established process. It appears likely to us that design review in each case will lead to backlog and delay, and will effectively prohibit, service, in violation of the Telecom Act. Second, the Ordinance and guidelines mandate undergrounding where technologically feasible. We believe the new rules must take into account economic as well as technological feasibility. Different carriers have different, capabilities to underground, which leads to the possibility of disparate treatment, or, in the words of the Telecom Act, discriminatory treatment of functionally equivalent providers. In addition, undergrounding may be technologically possible, but economically infeasible -- and unwarranted in the case of a small unobtrusive equipment box. As I indicated, we were unaware that additional comments were due today, but I hope this provides you with the summary you requested. Thank you for your willingness to work with us to provide necessary service. Sarah Burbidge Sarah Burbidge Mackenzie & Albritton LLP 1 Post Street, Suite 500 San Francisco, CA 94104 (415) 288-4000 (415) 288-4010 (fax) sburbidge@mallp.com 11/08/2001 Attachment 3 Revised Ordinance No. 1232 ORDINANCE NO. 1232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING PART 6, CHAPTER 2 OF ARTICLE 7 OF THE TUSTIN CITY CODE TO ESTABLISH DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY. The City Council of the City of Tustin does hereby ordain as follows' Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows: Ao On December 6, 1999, the City Council adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power supply equipment within the public right-of-way. These guidelines do not regulate utility facilities located aboveground such as antennas attached to utility poles, street light poles, utility towers, or other structures within the public right-of-way. B, Currently, there are no guidelines in place for aboveground utility facilities on public properties such as parks, community facilities, or other City-owned properties. New comprehensive guidelines are needed to establish design criteria prior to installation of any aboveground utility facilities on public properties or in the public right-of-way. C, The adoption of permanent regulations and guidelines for any aboveground utility, facilities on public property and in the public right-of-way will serve to reduce the potential for negative impacts on the community. D. Failure to implement regulations for aboveground utility facilities regulations through the adoption of this ordinance will result in the installation of a substantial number of aboveground utility facilities without controls needed to protect the public health, safety, and community aesthetics. E, Traffic signal controller cabinets are exempted because they are different in nature and function and provide essential services. The traffic signal control cabinets by nature must be' located where traffic can be controlled at intersections. Irrigation controller Ordinance No. 1232 Page 2 of 7 F, G! cabinets are also exempted because they must be located in close proximity to available power sources. Street light poles being used solely to provide illumination are exempted because the nature of the service they provide must be located aboveground and that they provide essential services for the safety of the travelling public, including motorists, cyclists, and pedestrians. The requirements and restrictions imposed by this Ordinance are necessary to protect the health, safety, and aesthetics of the City of Tustin as follows' 1. Design Review Approval for Installation of Aboveground Utility Facilities on Public Property and in the Public Right-of-Way. The City's objective is to promote safety, aesthetics, and land use compatibility between aboveground utility facilities and neighboring land uses. Aboveground utility facilities are typically located in the public right-of-way and highly visible because of their size and/or height, thereby potentially impacting the aesthetics of the community. Public safety could be negatively impacted if the aboveground utility facilities and their accessory equipment cabinets are: overconcentrated in specific areas, close to intersections thus impacting motorist visibility; adjacent to sensitive residential or institutional uses; obstruct traffic signals, signs, or other public safety devices located within the public right-of-way. The requirement of a Design Review allows the City to examine aesthetics issues by analyzing items such as height and bulk of the facilities, colors, visibility, screening and relationship to adjacent structures, and design. 2. Screening Criteria and Guidelines. The City's objective is to promote and protect safety and the aesthetic environment by requiring the use of subdued colors, non-reflective materials, and screening of the aboveground utility facilities and their accessory equipment with landscape materials. 3. Site Selection Order of Preference. The City's objective is to promote and protect safety and the aesthetic environment by requiring that aboveground utility facilities be located in areas that are the least obtrusive. 4. Sign Restrictions. The City's objective is to promote safety and aesthetics by promoting information necessary to be provided on the facilities while restricting sign clutter. Ordinance No. 1232 Page 3 of 7 5. Removal Required for Abandoned Facilities. The City's objective is to promote and protect an aesthetic and safe environment by requiring that facilities be removed within ninety (90) days if they are not in use. Abandoned facilities that are not promptly removed would contribute to the blighting of the community and would present potential safety hazards related to vandalism and unauthorized use of the abandoned facilities. H, That the Planning Commission considered this Ordinance on September 10, 2001, and recommended that the City Council adopt this enabling Ordinance. That a public hearing was duly noticed, called, and held on said Ordinance on October 1, 2001 and continued to October 15, 2001, November 5, 2001, and November 19, 2001 by the City Council. J, That the proposed ordinance is consistent with the General Plan Land Use goals and policies, particularly: Goal 1' Goal 4: Policy 6.2' Policy 6.12' Policy 8.3' Policy 8.6' Provide for a well-balanced land use pattern that accommodates existing and future needs for housing, commercial, and industrial land, open space, community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services; Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Encourage and promote high quality design and physical appearance in all development projects; Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety; Coordinate the construction of all public utilities to minimize disruption of vehicular traffic and negative impacts on roadways; and, Encourage planned improvements to electricity, natural gas, and communication services systems. K, A Final Negative Declaration has been adopted for this Ordinance in accordance with the provisions of the California Environmental Quality Act (CEQA). Section 2. Ordinance No. 1213 and Part 6 Chapter 2 of Article 7 of the Tustin City Code are hereby amended to read as follows' Ordinance No. 1232 Page 4 of 7 PART 6 DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY 7260 PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain a safe and aesthetically pleasing environment in the public right-of-way and on City-owned properties by regulating the location, color, screening, and other aspects of aboveground utility facilities. Aboveground utility facilities come in a variety of forms that include, but are not limited to, cables, wires, conduits, ducts, pedestals, and antennae to transmit, receive, distribute, provide, or offer utility services. Their accessory equipment typically is contained in enclosures, cabinets, artificial rocks, or boxes to house a variety of uses such as controls for signals, electronics, and wiring for cable television and telecommunications, or power sources. Often these facilities are located aboveground on existing structures such as utility or light poles and have the tendency to proliferate to ensure user coverage. Such proliferation can result in visual clutter, blocking visibility to signs and other structures, preventing access for the disabled, distracting motorists travelling along the right-of-way, and creating noise. Reasonable regulations for locating the aboveground utility facilities and their accessory equipment are necessary to promote the health and aesthetic welfare of the people of Tustin. Reasonable compensation for permitting private use of public property and the public right-of-way is also necessary to offset the right-of-way maintenance costs. 7261 LEASE AGREEMENT REQUIRED No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground utility facilities and their accessory equipment in, above, beneath, or across any public property, exclusive of the public right-of-way, without first obtaining a Lease Agreement or License in accordance with the Design Guidelines. Franchises and Right- of-Way Agreements for telecommunication facilities in the public right-of- way are governed by State and Federal regulations and pertinent provisions of Chapter 7 of Article 7 of the Tustin City Code. 7262 DESIGN REVIEW REQUIRED No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground utility facilities and their accessory Ordinance No. 1232 Page 5 of 7 equipment without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This requirement applies to existing and future franchisees and any other person who wishes to locate replacement or new aboveground utility facilities and their accessory equipment on public property and in the public right-of-way. Aboveground utility facilities located within Redevelopment Project areas shall be consistent with the respective redevelopment plans. No Design Review approvals or any permits can be issued unless the Redevelopment Agency can make a finding of conformity. Existing aboveground utility facilities and accessory equipment installed prior to the effective date of this ordinance 'shall not be subject to this requirement. 7263 APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all aboveground utility facilities including their accessory equipment located in cabinets, enclosures, or boxes to the Director of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors, screening materials, noise levels, and whether there will be interference with the public radio system anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application as established by the City Council for a Design Review application. 7264 DESIGN REVIEW PROCESS Upon the application being found complete by the Director, or designee, the Director or designee shall review the plan (the "Plan") using the criteria set forth in the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way adopted by resolution of the City Council. If the utility facilities are to be located within redevelopment areas, then a finding of conformity by the Redevelopment Agency would need to be made prior to the Director's consideration of the Design Review. The Director may conditionally approve or deny the application. Amendments to the Plan shall be reviewed and approved by the Director concurrent with or prior to issuance of an Encroachment Permit, Lease Agreement or License, as provided for in the Design Guidelines, or Right-of-Way Agreement as defined in Chapter 7 of Article 7 of the Tustin City Code. The aboveground utility facilities and their accessory equipment must be install.ed pursuant to the approved Plan. The noise generated from the aboveground utility facilities, including their accessory equipment, shall comply with the City's noise regulations. Ordinance No. 1232 Page 6 of 7 7265 APPEALS Appeals of the Director's decisions may be taken and heard in accordance with Section 9272(f)of the Tustin City Code. 7266 TERM/ABANDONMENT (a) An aboveground utility facility is considered abandoned if it no longer provides service. If the use of the facility is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. If no notification is provided to the City, the facility shall be deemed discontinued. (b) Aboveground utility facilities, including their accessory equipment, that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. All affected areas shall be restored to their original condition at the operator's expense. (c) The Design Review approval shall remain valid for the term of the Lease Agreement, License, Right-of-Way Agreement, or as long as the Encroachment Permit is valid. If the Lease Agreement, License, Right-of-Way Agreement, or Encroachment Permit is terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the Lease Agreement, License, Right-of-Way Agreement, or Encroachment Permit, the aboveground utility facilities, including their accessory equipment, shall be removed from the public property or the public right-of-way. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this. part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. Ordinance No. 1232 Page 7 of 7 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 19th day of November, 2001. Tracy Wills Worley, Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1232 PAMELA STOKER, City Clerk and ex-officio of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Ordinance No. 1232 was duly and regularly introduced at a reqular meeting of the Tustin City Council, held on the 19th day of Nover~ber, 2001 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 3rd day of December, 2001 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk Attachment 4 Revised Resolution No. 01-95 RESOLUTION NO. 01-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION NO. 99-84 BY ADOPTING DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES AND THEIR ACCESSORY EQUIPMENT ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY. The City Council of the City of Tustin does hereby resolve as follows' The City Council finds and determines as follows' A. That telephone, internet, cable, and personal wireless telephone (cellular) servicing the City are expanding and upgrading their services and will require installation of additional equipment such as aboveground accessory equipment, antennas attached to utility poles, street light poles, or other structures on public properties or in the public right-of-way. B, On December 6, 1999, the City Council adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power supply equipment within the public right-of-way. These guidelines do not regulate utility facilities located aboveground such as antennas attached to utility poles, street light poles, utility towers, or other structures within the public right-of-way. C. Currently, there are no guidelines in place for aboveground utility facilities on public properties such as parks, community facilities, or othe~City-owned properties. New comprehensive guidelines are heeded to establish design criteria prior to installation of aboveground utility facilities on public properties or in the public right-of-way. D~ That guidelines and development standards are needed to promote and protect the public health, safety, and general welfare and preserve and enhance the quality of the City relating to the orderly development of aboveground utility facilities and their accessory equipment. E, That a public hearing was duly called, noticed, and held by the Planning Commission on September 10, 2001, and the Planning Resolution No. 01-95 Page 2 II. Commission recommended approval of the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way and Ordinance No. 1232. Fi That a public hearing was duly called, noticed, and held by the City Council on October 1, 2001, and continued to October 15, 2001, November 5, 2001, and November 19, 2001. In adopting the Design Guidelines for Aboveground Utility Facilities on Public Property and in the Public Right-of-Way, the City Council finds and determines: ' A! That the guidelines provide standards that mitigate impacts typically associated with installation of aboveground utility facilities and their accessory equipment on public property and in the public right-of- way, including measures to reduce their visual impact. B, That due to the potential for over-concentration and proliferation of aboveground utility facilities, particularly in residential neighborhoods where these facilities are highly visible and thus may impact the visual character of the neighborhood, the criteria established in the guidelines are necessary to promote the welfare of the community. C, That the guidelines require approval of an Encroachment Permit and/or Design Review process which would ensure that aboveground utility facilities and their accessory equipment are developed in an orderly manner with respect to location, size, and screening. D, Traffic signal controller cabinets are exempted because they are different in nature and function and provide essential services. The traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. Irrigation controller cabinets are also exempted because they must be located in close proximity to available power sources. Eo That street light poles being used solely to provide illumination are exempted because the nature of the service they provide must be located aboveground and that they provide essential services for the safety of motorists and pedestrians. F, That fair and reasonable compensation shall be secured for permitting private use of public properties by utility providers. Resolution No. 01-95 Page 3 G, That it is appropriate for the City Manager, on behalf of the City Council, to accept discretionary applications for use of public properties and/or public right-of-way. H, That the Director of Community Development should be authorized to approve, approve with conditions, or deny the Design Review application in accordance with the Design Guidelines adopted herein. For projects located within redevelopment project areas, the Redevelopment Agency shall make a finding of conformity to the respective redevelopment plans concurrently or prior to consideration of the Design Review application. No Design Review approvals shall be granted without a finding of conformity by the Redevelopment Agency. A Final Negative Declaration has been prepared and adopted in accordance with the provisions of the California Environmental Quality Act (CEQA). III. The City Council hereby amends Resolution No. 99-84 by adopting the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way attached hereto as Exhibit "A" to be followed when considering an Encroachment Permit and/or Design Review application for the installation of aboveground utility facilities and their accessory equipment on public properties and in the public right-of-way. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 19th day of November, 2001. Tracy Wills Worley Mayor Pamela Stoker City Clerk Resolution No. 01-95 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and.ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 01-95 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of November, 2001 by the following vote; COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pamela Stoker City Clerk Exhibit A of Resolution No. 01-95 Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way EXHIBIT A DESIGN GUIDELINES FOP, ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY SECTION 1' PURPOSE AND INTENT The purpose of these guidelines is to implement Part 6 of Chapter 2 of Article 7 of the Tustin City Code (Ordinance No. 1232) and regulate the placement and design of aboveground utility facilities and their accessory equipment in conjunction with any City- permitted use of public properties and public right-of-ways. These guidelines are intended to protect the health, safety, aesthetics, and welfare; and secure fair and reasonable compensation for permitting private use of public property. SECTION 2' DEFINITIONS For purposes of these guidelines, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used indiCates otherwise. "Aboveground Accessory Equipment" or "Accessory Equipment" means any aboveground equipment located in enclosures, cabinets, artificial rocks, boxes, or other structures to facilitate the operation of their associated utility facilities. "Aboveground Utility Facility" or "Utility Facilities" means any aboveground public or private Plant, equipment, and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, utility poles, .,,,o*-"'-*,..,.,, ,,~,~'"~'*,, ~,,.,,,....,,"'"'~-' utility towers, or other structures and their supports, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer utility services. This does not include street light poles being used solely for providing illumination, but This includes facilities feF such as personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7). "City" means the City of Tustin. "Council" means the City Council of the City of Tustin. "Co-location" means the locating of more than one aboveground utility facility provider on a single structure-mounted, rooFmounted, or ground-mounted utility facility. "Director" means the Community Development Director of the City of Tustin. "Grantee" means a person who has been granted a Lease Agreement or License pursuant to this policy and guidelines. "Interference" means any instances of interference with public safety radio equipment preventing clear radio reception which includes, but is not limited to, static, unwanted signal, and distortion of sounds or reception. Exhibit A of Resolution No. 01-95 Page 2 "Lease Agreement or License" means a contract agreement between the City and a person pursuant to this policy and guidelines. The contract may be in the form of a lease if the City owns a fee interest in the property or in the form of a license if the City has a leasehold interest in the property. "Modification" means an alteration of an existing utility facility that changes its size, location, shape, or color. This is not intended to include replacement of a facility with an identical facility or the repair of the facility. "Person" means and includes, but is not limited to, corporations, companies or associations, firms, partnerships, limited liability companies, and individuals and includes their lessors, trustees, receivers, and successors in interest. "Public property" means any property in which the City of' Tustin and/or the City's Redevelopment Agency holds a legal interest, except the public right-of-way. "Public right-of-way" means and includes all public streets, sidewalks, easements now or hereafter owned in fee or easement by the City. and utility "Public Works Director" means the Director of Public Works of the City. "Right-of-way Agreement" means a contract granted to a person pursuant to Chapter 7 of Article 7 of the Tustin City Code as follows: (1) a license in the case of a telecommunications provider that will not serve areas or persons within the City, or (2) a franchise in the case of a telecommunications provider that will serve areas or persons within the City, as it may be amended. "Stealth Facility" means any aboveground utility facility which is disguised to appear as another natural or artificial man-made objects such as trees, clock towers, score boards, etc. that are prevalent in the surrounding environment or which are architecturally integrated into buildings or other concealing structures. "Utility Provider" means and includes any person that proposes to or does own, control, operate, or manage plant, equipment, or any other facility on public property or in the public right-of-way for the provision of an utility service. "Utility Service" means and includes any electrical, gas, heat, water, telephone, pipeline, sewer, or telegraph services or commodity, where the service is performed for, or the commodity delivered to, the public or any portion thereof. SECTION 3' APPLICABILITY These guidelines regulate the installation of new and replacement aboveground utility facilities and their accessory equipment on public properties or in the public right-of- way. Exhibit A of Resolution No. 01-95 Page 3 SECTION 4' PROCESS 4.1 Application Process The City Manager or designee may accept a discretionary application for use of public property and/or public right-of-way for aboveground utility facilities and process the application in accordance with Tustin City Code Section 9272 related to the Design Review process. At the City Manager's sole discretion, a request to submit an application may be denied. Authorization to submit an application does not commit the City to approve the proposed use. Upon the application being found complete by the Community Development Director ("Director") or designee, using the criteria set forth in these guidelines and Tustin City Code Section 9272, the Director may approve, conditionally approve, or deny the application. The Director reserves the right to, or if required will, forward any application to the Planning Commission and/or City Council for consideration and action. For projects located within redevelopment project areas, a finding of conformity to the respective redevelopment plans shall be made concurrently or prior to consideration of the Design Review application. No approvals shall be granted unless the Redevelopment Agency can make a finding of conformity. Upon the approval of the application, the Grantee shall obtain all applicable permits prior to installation of the aboveground utility facilities and their accessory equipment including, but not limited to, Lease, License, Right-of-Way Agreement under Chapter 7 of Article 7 of the Tustin City Code, electrical permit, building permit, Encroachment Permit, owner authorization, and other required permits by the City or any other agencies such as Federal Aviation Administration (FAA), Federal Communication Commission (FCC), Public Utility Commission (PUC), or other County, State or Federal agencies. However, existing franchises or agreements need not be reconsidered by the City Council unless the franchise agreement requires such consideration. 4.2 Design Review ao Design Review approval in accordance with Tustin City Code Section 9272, shall be required prior to the placement, construction, installation', operation, establishment, or modification of any aboveground utility facilities on public property and in the public right-of-way. b! A Design Review application shall be accompanied with a statement to indicate that the utility facilities will not interfere with the public safety radio equipment. If interference occurs after the installation, the utility providers shall take immediate action to eliminate the interference and pay all associated fees for compliance. C, Design Review approval shall remain valid for the term of the Lease Agreement or License and/or Right-of-Way Agreement including any Exhibit A of Resolution No. 01-95 Page 4 extension thereof or as long as the Encroachment Permit is valid. Upon termination or expiration of the Lease Agreement or License, Encroachment Permit, Right-of-Way Agreement or upon the failure of Grantee to build the facility within 180 days of its approval, the Design Review approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. d, Design Review approval for aboveground accessory equipment associated with the operation of the utility facilities shall be considered in accordance with the process and criteria as outlined in Section 7 of these guidelines. e~ In addition to the information requested in the Development Application Form, the following items shall be required for an aboveground utility facility' · A statement providing the reason for the location, design, and height of the proposed aboveground utility facilities; , Evidence satisfactory to the City demonstrating location or co- location is infeasible on existing structures, light or utilities poles/towers, and existing sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs; , A photo simulation of the proposed aboveground utility facility in true scale; , A site plan showing the locations of all proposed and existing aboveground utility facilities; Si A screening plan showing the specific placement of landscaping or any other proposed screening materials to be used to screen the aboveground utility facilities, including the proposed color(s); and, . A signed statement that the applicant agrees to allow for co- location of additional aboveground utility facilities on the same structures or within the same site location, or whether such co- location is infeasible, and the reasons for such infeasibility. Comprehensive Manual for Aboveground Utility Facilities. ,, A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground utility facilities that meet each of the requirements of Section 5 of the Design Guidelines. The manual shall contain sufficient information to verify compliance with Section 5. When a project is located within a redevelopment project area, the comprehensive manual submitted to the Community Development Department shall be Exhibit A of Resolution No. 01-95 Page 5 routed to the Redevelopment Agency for a finding of conformity to the respective redevelopment plan. Upon approval of the comprehensive manual, the applicant shall comply with Section 4.1 with respect to obtaining applicable permits. , Installation of subsequent aboveground utility facilities in accordance with an approved comprehensive manual shall not be subject to a new Design Review process. SECTION 5' DEVELOPMENT GUIDELINES Aboveground utility facilities on public property and in the public right-of-way shall be placed in accordance with criteria listed below. Aboveground accessory equipment located inside cabinets, enclosures, artificial rocks, boxes, or other structures shall be subject to criteria listed in Section 7 of these guidelines. The following criteria shall apply: a, Location: Aboveground utility facilities on public property and in the public right-of- way shall be placed in locations where there is little or no interference with public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties. bo Stealth Facility. Except for street light poles being used solely for providing illumination, all other aboveground utility facilities shall be designed as stealth facilities with concealed antennas to be placed within, on, .or attached to existing structures such as buildings, utility poles, light poles, utility towers, freestanding signs, score boards, towers, or fencing and shall blend into the surrounding environment or be architecturally integrated. C, Co-location. Aboveground utility facilities shall be co-located with existing aboveground utility facilities where possible. Whenever any existing utility facilities are located underground within the public right-of-way, the utility providers with permission' to occupy the same public right-of-way shall co-locate their utility facilities underground. d, Colors. Any part of aboveground utility facilities visible to public view shall have subdued colors and non-reflective materials which blend with surrounding materials and colors and shall be covered with an anti-graffiti material, when appropriate. e, Screening. For building- or structure-mounted facilities, screening shall be compatible with the existing architecture, color, texture, and/or materials of the building or structure. Landscaping. When landscape screening is proposed or required, the landscaping shall be compatible with the surrounding landscape area and shall be a type and variety capable of screening the aboveground utility facilities. All landscaping areas shall be adequately maintained which includes, but is not limited to: trimming, Exhibit A of Resolution No. 01-95 Page 6 mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. g, Signs. Any signs attached to aboveground utility facilities shall comply with the City of Tustin Sign Code. h, Accessory Equipment. Accessory equipment associated with the operation of the utility facilities shall be designed, located and be made part of the structures (i.e. as part of the base or support structure) or be located within buildings, enclosures, or cabinets in accordance with Section 7 of these guidelines. Required Removal. The City, in accordance with the Lease Agreement or License, Right-of-Way Agreement, or Encroachment Permit, as applicable, reserves the right to require the removal or relocation of any aboveground utility facility when determined to be necessary to protect public health, safety, and welfare by giving ninety (90) days notice. Undergrounding. The City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. SECTION 6' DEVELOPMENT STANDARDS Development standards, including height limits for any aboveground utility facility on public property and in the public right-of-way, shall be determined pursuant to the Design Review process. SECTION 7: ABOVEGROUND ACCESSORY EQUIPMENT Aboveground accessory equipment for aboveground utility facilities located inside cabinets, enclosures, artificial rocks, boxes, or other structures shall be subject to the following criteria' 7.1 Process a, b. Replacement Aboveground Accessory Equipment that are the Same Size as Existing Aboveground Accessory Equipment. Installation of replacement aboveground accessory equipment shall be approved in conjunction with issuance of an Encroachment Permit, provided the replacement aboveground accessory equipment is the same size or smaller than the existing aboveground accessory equipment and the aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that are Larger than Existing Aboveground Accessory Equipment. Exhibit A of Resolution No. 01-95 Page 7 Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the existing aboveground accessory equipment may be approved in conjunction with issuance of a concurrent Encroachment Permit/Design Review application, provided that each the following requirements are met: , No aboveground accessory equipment may be located adjacent to a front-yard area of a residentially zoned or used property. m The aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. 3. The aboveground accessory equipment complies with the requirements of the Americans with Disabilities Act. , No aboveground accessory equipment may be located in an area that obstructs line of sight at an intersection, driveway, or alley. C, Comprehensive Manual in Lieu of a Design Review. · A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground accessory equipment that meets each of the requirements of Section 7.1(b) above. The manual shall contain sufficient information to verify compliance with the above requirements such as type and size of the proposed aboveground accessory equipment. When a project is located within redevelopment project areas, the comprehensive manual submitted to the Community Development Department shall be routed to the Redevelopment Agency for finding of conformity to the respective redevelopment plans. Upon approval of the comprehensive manual, the applicant shall obtain an Encroachment Permit. The Community Development and Public Works Departments shall review the Encroachment Permit application. , Installation of aboveground accessory equipment in accordance with an approved comprehensive manual shall not be subject to a Design Review process. d, New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that cannot comply with Requirements for Concurrent Encroachment Permit/Design Review [Section 7.1(b)]. Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the existing aboveground accessory equipment and cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 7.1(b)] require a Design Review prior to issuance of Encroachment Permits. Exhibit A of Resolution No. 01-95 Page 8 7.2, e, System Upgrades System upgrades which require substantial installation of new and replacement aboveground accessory equipment shall require Design Review approval prior to issuance of Encroachment Permits when Design Review is required by these guidelines. A comprehensive Master Plan depicting the locations of all new and replacement aboveground accessory equipment shall be submitted concurrently with the Design Review application. Development Guidelines Location, size, and screening of proposed aboveground accessory equipment will be considered by the Community Development Department in accordance with the following criteria' a. Location · Whenever feasible, accessory equipment should be installed underground. If it is not technologically feasible to install accessory equipment underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or infeasibility of underground installation. One letter may be included in the comprehensive manual described in Section 7.1(c) for all proposed accessory equipment within the manual. , When underground installation is not feasible, the following order of preference shall be considered for aboveground installation of accessory equipment of any size: a, Aboveground accessory equipment should be designed as stealth facility. b, Aboveground accessory equipment should be located adjacent to non-residential properties in an area where no modification to the existing right-of-way would be required and existing landscaping is present to screen the accessory equipment. C, Aboveground accessory equipment should be located adjacent to side or rear yards of residential properties, preferably on major streets where no modification to the existing right-of-way would be required and existing landscaping is present to screen the accessory equipment. d, Aboveground accessory equipment should be located as closely as possible to the shared property line between the Exhibit A of Resolution No. 01-95 Page 9 front yards of residential properties where no sight distance from driveways would be obstructed. , Consideration shall be given to the number of existing aboveground accessory equipment within a particular area and over- concentration of aboveground accessory equipment shall be avoided. Over-concentration is defined as more than one (1) aboveground accessory equipment inStalled adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible: a, Aboveground accessory equipment shall be located as far as possible from existing aboveground accessory equipment; and, bi The accessory equipment owner/installer shall submit a letter of explanation regarding the hardship associated with or unfeasibility of installing the aboveground accessory equipment at a sufficient distance from existing aboveground accessory equipment. , Aboveground accessory equipment located in parkway areas should be located at the same distance from the curb as other aboveground accessory equipment along the parkway to create a uniform setback distance and appearance. , Aboveground accessory equipment shall not: a. Obstruct line of sight requirements at intersections or driveways; b,, Obstruct or hinder opening of vehicle doors; C, Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained; d. Interfere with any existing or proposed improvement projects. 7.3 Height ao The height of any replacement aboveground acceSsory equipment that are larger than existing or new aboveground accessory equipment to be located adjacent to the front, side, or rear yards of residentially zoned properties may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas. Exhibit A of Resolution No. 01-95 Page 10 bi The height of any replacement aboveground accessory equipment that are larger than existing or new aboveground accessory equipment located in non-residential areas will be considered on a case-by-case basis. 7.4 Screening ao In residentially zoned areas, aboveground accessory equipment shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching accessory equipment color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. b. The use of crash posts is discouraged. However,. if shown to be necessary, the exterior finish of the crash post should be painted the color of the aboveground accessory equipment. Co Access openings shall face away from street frontages whenever feasible. 7.5 STANDARD CONDITIONS OF APPROVAL a, Noise emanating from aboveground accessory equipment shall exceed the City's adopted Noise Ordinance standards. not b~ The accessory equipment owner/company shall file the accessory equipment identification number, company name, person responsible for maintenance of the accessory equipment, and the phone 'number with the Public Works Department. This information may be included in the comprehensive manual described in Section 7.1(c) of these guidelines. C~ The aboveground accessory equipment shall not bear any signs of advertising devices (other than certification, warning, or other required seals or signage). d, Aboveground accessory equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the accessory equipment owner shall be responsible for removing graffiti from accessory equipment within forty-eight (48) hours. Accessory equipment owners shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. ew Any removal of landscaping necessary to install the aboveground accessory equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. Landscape materials located in a public parkway shall be maintained by the adjacent property owner and landscape materials located on public properties or in the public right-of- way shall be maintained by the City, unless provided for in a Lease or License Agreement and/or Right-of-way Agreement. Exhibit A of Resolution No. 01-95 Page 11 The utility provider or accessory equipment installing entity shall be responsible for reconstruction of in-kind facilities within the public right-of- way that are damaged or modified during installation of aboveground accessory equipment. gl Prior to installation, the utility provider shall provide notification to adjacent property owners within a one hundred (100) foot radius indicating the type, location, and size of aboveground accessory equipment that will be installed and the estimated start and ending dates of construction. h, The aboveground accessory equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. SECTION 8: ABANDONMENT An aboveground utility facility and/or its accessory equipment is considered abandoned if it is no longer in service or is in default pursuant to default provisions in any Lease Agreement, License, Right-of-Way Agreement or any other applicable agreements or licenses. A written notice of the determination of abandonment by the City shall be sent or delivered to the Grantee. The Grantee shall have ninety (90) days to remove the facility at the Grantee's sole cost and expense or provide the Community Development Department with evidence that the use has not been discontinued. Such removal shall be in accordance with proper health and safety requirements. If the use of the aboveground utility facility and/or its accessory equipment is discontinued for any reason, the Grantee shall notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. Aboveground utility facilities and their accessory equipment that are no longer being used shall be removed within ninety (90) days after the discontinuation of use. Such removal shall be in accordance with health and safety requirements. All disturbed areas shall be restored to original conditions at the Grantee's expense. If the facility is not removed within the required ninety (90) day period, the City shall be entitled to remove the facility at the Grantee's sole cost and expense. The Grantee shall execute such documents of title to convey all right, title, and interest in the abandoned aboveground utility facility and its accessory equipment to the City. SECTION 9' LEASE AGREEMENT OR LICENSE All persons wishing to construct, attach, install, operate, maintain, or modify a aboveground utility facility and its accessory equipment on public property, exclusive of the public right-of-way, in which the City has ownership, easement, leasehold, or any other possessory interest after approval of a Design Review application shall obtain a Lease Agreement or License and any other approval required under these guidelines. A Lease Agreement or License shall be subject to approval of the City Attorney's office and the City Manager's office as to the specific terms and conditions required.