HomeMy WebLinkAboutCC RES 01-095RESOLUTION 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,
Bi
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.
· .
On December 6, 1999, the City Council adopted the Aboveground
Cabinets Design Guideli,nes. 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
facil.i.,ties on public properties such as parks, community facilities, or
o[he~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.
F,
That a public hearing was duly called, noticed, and held by the City
Council on October 1, 2001, and continued to October 15, 200t,
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.
E,
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.
Pamela Stoker
City Clerk
Tracy
Mayor
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 FOR
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 "*-'-~* I~'-~'* ",'-~,~-
, .,,,,.,., ,~,,, ~,,.,,~,, 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 ~eF 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, 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 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,
easements now or hereafter owned in fee or easement by the City.
sidewalks, 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
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.
O,
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 Permlt 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;
,
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. ,
bw
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.
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,
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.
b.
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.
,
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.
al
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:
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,
bo
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.
1
Aboveground accessory equipment shall not:
a. Obstruct line of sight requirements at intersections or
driveways;
bi
Obstruct or hinder opening of vehicle doors;
Co
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
a,
The height of any replacement aboveground accessory equipment that
are la'rger 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
b,
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
al
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.
C,
Access openings shall face away from street frontages whenever feasible.
7.5 STANDARD CONDITIONS OF APPROVAL
ao
Noise emanating from aboveground accessory equipment shall
exceed the City's adopted Noise Ordinance standards.
not
b,
The accessory equipment ownedcompany 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.
Co
The aboveground accessory equipment shall not bear any signs of
advertising devices (other than certification, warning, or other required
seals or signage).
do
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.
e,
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.
g,
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.
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 01-95
I, PAMELA sTOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01-
95 was adopted at a regular meeting of the City Council held on the 19t" day of
November, 2001, by the following vote'
COUNCILMEMBER AYES' Worley, Thomas, Bone, Doyle, Kawashima
COUNCILMEMBER NOES' None
COUNCILMEMBER ABSTAINED' None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk