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HomeMy WebLinkAbout13 ABOVEGD UTILITY FAC 12-03-01AGENDA REPORT 800-05 NO. 13 12-03-01 TO: WILLIAM A. HUSTON, CITY MANAGER FROM' OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE NO. 1232- ABOVEGROUND UTILITY FACILITIES SUMMARY Ordinance No. 1232 establishes design review of aboveground utility facilities on public property and in the public right-of-way. RECOMMENDATION Have second reading by title only and adoption of Ordinance No. 1232 (roll call vote). BACKGROUND At the November 19, 2001 City Council meeting, the following Ordinance No. 1232 had first reading by title only and introduction: ORDINANCE NO. 1232- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 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 (~~~~rg~~l~ ity ~e rk cm. 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' A, 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 cabinets are also exempted because they must be located in close proximity to available power sources. F, 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. G, 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 , 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 day of' ,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 regular meeting of the Tustin City Council, held on the 19th day of November, 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