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HomeMy WebLinkAbout02 DR 08-015ITEM #2 TUSTII~1 Report to the Planning Commission DATE: SUBJECT: APPLICANT: PROPERTY OWNER: LOCATION: GENERAL PLAN: ZONING: ENVIRONMENTAL STATUS: REQUEST: FEBRUARY 10, 2009 DESIGN REVIEW (DR) 08-015 SOUTHERN CALIFORNIA EDISON (SCE) ROBERT STIENS 1325 S. GRAND AVE, BLDG. B SANTA ANA, CA 92711 CITY OF TUSTIN SIDEWALK WITHIN THE PUBLIC RIGHT-OF-WAY NORTHWEST CORNER OF MYFORD RD AND WALNUT AVE PUBLIC RIGHT-OF-WAY PUBLIC RIGHT-OF-WAY THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST FOR AUTHORIZATION TO INSTALL A REMOTE CONTROLLED SWITCH (RCS) CONTROLLER WITHIN THE PUBLIC RIGHT-OF-WAY ~~~ 'I r .., - ^. I r/~ ~ / ~ C i ,; J/, ,~ I ` :' ~ ~ ~ ` 1 I~ I I I 1 Y~ Y~p,~,7{/. ~~ _ / 1 ~ w i~~ ~- ~ I If DR 08-015 February 10, 2009 Page 2 That the Planning Commission adopt Resolution No. 4111 approving Design Review 08-015 to authorize the installation of a Remote Controlled Switch (RCS) controller on the sidewalk within the public right-of-way located at the northwest corner of Myford Road and Walnut Avenue. BACKGROUND Location The proposed location is within the Irvine Industrial Complex, which is comprised primarily of larger industrial and office buildings (Attachment A -Location Map). The City boundary is along the centerline of Myford Road with the City of Irvine lying east of that centerline. The properties located within Irvine in the immediate vicinity are similar to the larger industrial/office buildings existing in Tustin. The RCS controller would be located on the sidewalk approximately 80 feet west of the centerline of Myford Road on the northwest corner of the intersection with Walnut Avenue. A grassy landscaped area runs the length of the private property along the sidewalk and beyond that is a large parking area (see aerial below). The RCS controller would be situated where the public right-of-way borders private property at 14511 Myford Road. The City of Tustin Public Works Department has reviewed and accepted the RCS controller at this location subject to the approval of an encroachment permit. DR 08-015 February 10, 2009 Page 3 Remote Controlled Switch Southern California Edison (SCE) originally installed an RCS controller at the project location without obtaining the required permits from the City and placed on private property within a landscaped area adjacent to the sidewalk without obtaining an easement from the property owner. SCE was unsuccessful in obtaining an easement post-installation and has since removed the RCS controller. cation ion SCE is now requesting to install the RCS controller within the public right-of-way in accordance with its franchise rights and due to the fact that they have been unable to acquire a private property easement for the unit. In the letter submitted, SCE states that the RCS controller cannot be installed underground because it needs to receive radio signals from the Grid Management Center and that the RCS would allow SCE to remotely switch a circuit in order to quickly restore electric services to part of the circuit. Without the switch, SCE must dispatch field crews to manually switch the circuit which may require a substantial amount of time. SCE also indicated that this is the only and last RCS controller that SCE is planning to install within the City. However, they have also noted that as load increases there is the potential for additional RCS controllers within the City to maintain required flexibility and reliability (Attachment B - Submitted Letter and Plans). The physical dimensions of the RCS controller are as follows: 48 inches high by 18 inches wide by 24 inches long. The sidewalk at the project location is 8 feet wide with DR 08-015 February 10, 2009 Page 4 no parkway. If approved, placement of the RCS controller would be required to comply with all requirements of the Americans with Disabilities Act. Figure 5~-47: RCS UAQ Cabinet Installation -- Dimensions and Connections See Mote 1. ., . - .. -I i_ ;~~ ._ ~ _ '' ICS ~ i - ;v +~ ` Cabmet ^' i ~{~ - see Nt)ie ~t ___ _ --~- r { I - i i ' Add iubl~r r L ~ "_I {~ tape anti €tTV ~ ~ 1 ~ - wr3a~ --,r _ _ `-.~ i ~,, _T ~ ~ 1$'~ x Zd' x $~ DOOT 51rj2 ; ~, '. ~;i ~ PO UI'-I rl-Plat P ~'' ' ~ Pad .~ ... .~ ~ t J?' x 6" '!' Batt ~.." ,.:J; ~ '. •.l ~Ee 3' Sch. 40 pVr .~ NatN ~. J - Exist,ng Vent (see Note 7.} Paw~~r Module - ._cntrol Module ~- I t Autn ACt;.tate DewiCe M,cro-~tTU Batter{ Fuse [flattery Alt,minvm Enrla5ure DISCUSSION 4U' Motoa & Cgntrol Cable Design Review for Aboveground Ufi/ity Facilities Nadu a,~,ter,na Fernoteri.~cal Sw,trh '~eaia; ~ Upen~Closed Switch r~2eU1CC,rrr Itad,o AC Fu5e5, UNIT lug, Smurffr"' Sura_e PfOteLiUr Heater 15" At. ~::abtle ;See Nate ?.} Cleaveiandf Price UAD CUr~r~ot ?anel ~ ;..~e Note 5.i ~mund ~. 3" C~n~ltm The Tustin City Council adopted Ordinance No. 1232 (TCG 7260 et seq.) on December 3, 2001, requiring Design Review of aboveground utility facilities on public property and in the public right-of-way (Attachment C). In conjunction with this ordinance, the City Council also adopted Resolution No. 01-95 which established design guidelines for aboveground utility facilities on public property and in the public right-of-way (Attachment D). DR 0$-015 February 10, 2009 Page 5 The proposed guidelines include the following criteria for aboveground utility facilities within the public right-of-way: • Location -Whenever feasible, accessory equipment should be installed underground. Aboveground accessory equipment shall be located as far as possible from existing aboveground accessory equipment to prevent over concentration. 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. • Stealth Facility - If the facility cannot be placed underground, facilities shall be designed as stealth facilities and shall blend into the surrounding environment or be architecturally integrated. • Co-location: Aboveground utility facilities shall be co-located with existing facilities where possible. • 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 • Landscaping -landscaping shall be compatible with the surrounding landscape area and shall be a type and variety capable of screening the aboveground utility facilities. • Undergrounding -The City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. The proposed project location and design of the structure does not comply with many of the preferences listed within the design guidelines in that; the RCS controller is not placed underground; is not a stealth designed structure; it will not be screened by landscaping; the location is defined as over-concentrated with multiple accessory equipment (vents) already existing in the vicinity; and, the proposed RCS controller will be located at a distance from the curb which differs from the other accessory equipment already located at the project site. Although the proposed RCS controller does not comply with many of the preferred guidelines for aboveground equipment facilities located within the public right-of-way, there are unique circumstances applicable to the proposed RCS such as: the facility is a public utility providing public benefit, the installation of the RCS could result in improved life safety to those served by the system, and that this is the only and last RCS needed to serve City of Tustin. DR 08-015 February 10, 2009 Page 6 If approved without appropriate findings, the aboveground RCS controller could set a precedent for the allowance of other aboveground equipment facilities within the public right-of-way and within public property. It should be noted that other utility and service providers such as Cox Communications, AT&T, and wireless telecommunication providers are desirous of locating their facilities aboveground within the public right-of-way as well. Therefore, in determining whether to approve the Design Review for the proposed Remote Controlled Switch (RCS) controller on the sidewalk within the public right-of-way, the Planning Commission must find that the location, size, architectural features and general appearance of the proposed aboveground utility facility will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole. A decision to approve this request may be supported by the following specific findings: All system's equipment is located underground in a vault with the exception of the required vents and the proposed RCS controller. 2. It is not technologically feasible to locate the proposed RCS controller underground in that the remote control must be located aboveground to receive radio signal. 3. The RCS controller would significantly reduce the duration of electrical service outages especially during an emergency event thus providing public benefit and improving the safety in general of those served by the system. 4. The proposed RGS controller is serving an existing and built out area and is the only and last one needed to serve City of Tustin. All future controllers and associated systems will be designed to comply with the City`s Ordinance and Guidelines. 5. The project location is in an industrial business park area where no residential uses are in the vicinity thereby minimizing interference to pedestrian activity in the area. 6. The RCS controller would not block any line of sight requirements at intersections or driveways. 7. The RCS controller would not obstruct any access or passage for disabled persons along public sidewalks. Staff recommends that the Planning Commission adopt Resolution No. 4111 with specific noted findings approving Design Review 08-015 to authorize the installation of a Remote Controlled Switch (RCS) controller on the sidewalk within the public right-of-way located at the northwest corner of Myford Road and Walnut Avenue. DR 08-015 February 10, 2009 Page 7 A _ ~~' ~~~~ ~ R Swiontek Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B. Submitted Plans C Ordinance No_ 1232 D City Council Resolution No. 01-95 E. Resolution No. 4111 ATTACHMENT A LOCATION MAP ~ _._ LOCATION MAP ~ ~r ~~' ~ ~' ~,~ TUSTIN CITY MAP Project No. DR OS-015 Address: Public Right-Of-Way NW Corner of Myford Rd. & Walnut Ave. ATTACHMENT B SUBMITTED PLANS ~~~~, ' Sl)UIHFRN C4L.IF(.?ItNIA EDISON" 1n PUltit),~~ h~"1Tli~V IItrLV;IL'' C~unprmy tiuUcrt K. Sricns Reriun Managea• LoC~I Public Al~l~airs SCE is requesting to install a Remote Controlled Switch (RCS) controller at the Northwest corner of Myford Road and Walnut Avenue located within the City of Tustin. SCE is in the process of installing RCS devices throughout its service territory to improve the reliability of the electrical system in Tustin and the surrounding area. SCE's contractor inadvertently installed an RCS on the adjacent private property without obtaining an easement and SCE has been unable to acquire the easement post-installation. Therefore, SCE is requesting to install the RCS switch within the public right of way in accordance with its franchise rights. The RCS allows SCE to remotely switch a circuit in order to quickly restore electric service to part of the circuit. Without this switch, SCE must dispatch field crews to manually switch the circuit which may require a substantial amount of time. An RCS allows SCE to restore electrical service to customers much more quickly, substantially reducing the duration of outages. This particular site is at the mid-point of a circuit providing operational flexibility and reliability for that circuit. The proposed location of the RCS controller was chosen to avoid existing underground utilities and to comply with ADA requirements. The RCS controller cannot be installed below ground because it needs to receive radio signals from SCE's Grid Management Center. When installing the RCS, SCE will follow all state, federal and local requirements, i.e. ADA, traffic control and city sidewalk repair. At this time, this is the only RCS controller switch SCE has plans for to install in Tustin. As load increases and as it becomes apparent that the use of an RCS is required for system flexibility and reliability, SCE may require additional RCS devices in the City. SCE will continue to respond as required to maintain the power quality and to serve its customers. The City had requested that SCE relocate the vents for the underground vault at Walnut and Myford. SCE will not agree to relocate the vents as part of the project due to cost considerations and potential conflicts with other utility facilities. RECEIVED NOV 2 6 2008 oor~MUrs'Irr mEV~~op-~E~r 1 32S 5u, Grand ;1vc. ra.~~i l ~~~> ~,~,~ fZuhcrt.Sti~.na(~~~acc.curu U 0 u :n U ~. u Cc 7~ u .~ C~3 *~ y t0 '.u ~~ [" V ,~ '~ •:~ +~ '.~ :`~ '~ y- J ,3] f+'1 ~n [!~ N a, ~~, r- ~r, ~S EDISON" n., en:rnn• trrn>r.N.trmNnt.- c~.rtp~~,~ Scope SE 280.2 Installation of Underground Automated Distribution (UAD) Cabinet Figure 5E-47: RC5 UAD Cabinet Installation -Dimensions and Connections ,~ _ ; p n~._ ~ -- Rr_~ N ~~ Cabinet i i L}~~ - See Note 4. Add rubber ~ _ tape and RTV I ~ to base See Note 1. 7~•V'- k:r-~-:.~:'':~.~~+ Door Side I ~; ; ; Pour-in-Place I 'i~' I Pad ai,.''',;) .I/Z~, x 6.. 'J' Bol t ~~:•';~~~ ~ +-- 3" Sch. 40 PVC ~:i.;.;.; See , '•ii':~;;.` a• a :.: Note 2. ,~E- "~ 5ee Note 7.) vent ( i i E ~ ~ Radio Antenna ~~ ng x st Power Module -.~ ~ ~ Remote/Local Switch t Control Module III u I ' AC Recpt. `•` d' Seal-!n Open/Closed A uto Actuate Device ,,, ,_ ~ a I ss.... Switch Micro-RTU~~,~., i o T hermostat ~j~ Battery Fuse --~`~- `~ ;, ~~ tvletricam Radio - Cable [lottery Connections ~ AC Fuses, CND Lug, ~ n & Smurff~"" Surge u U! Protector Aluminum Enclosure -- . u ~~ ~~ Heater 15' AC Cable (see Note 3.) Gl0' Mo tor & Control Cable ~ Cleaveland/Price ~ UAD Control Panel ~ Grouncl (5ee Note 5.} ~J~ 3" Conduit Notes: 1. Distance between vent and UAD control cabinet may vary. UAD cabinet door should not face ventpipe or street traffic one. Three-inch conduit to be installed below vent coping. Depth may vary, Conduit may also be run directly to vault. 3. 120 VAC to be provided to RCS from available AC on source side of switch. Use ttII copper, jacketed 2-conductor (M/C 5II1-0560]). 4, Apply duct seal to close conduit openings in UAD cabinet. 5, Grouncl switch and UAD cabinet, with minimum Ito bare capper from vault ground using ground lugs provided. 6. Install no more than two bushing extensions. See 1J 660. 7. Install sump pump in wet vault. See CW 200. II. Use underground connector M/C 659-00037 for 1 ZO VAC connection. hite[IIVB taw ,1027 -Z ~QU proved U Installation ProcedureCont lolled Swi Mlolded Vacuum Remo e ~ ~ ~ ~O ~~'~ Distribution Underground Construction Standards pane 5E-G9 * SCE Internal ~ 1II-1 f 2" r ~ ~ a F- J Q 0 13i 4'a r~ rn ~ 4 p w Q O y O W ~ 1= ~3 O d 2~ vd ~ tt~JJ D~ R' p ma O ~~ ~~ 4 ~ ~ r ~ 3 O C ••• g 3 i ~ MSS .B `~ ~ ~~ a g _ gg ~~~~~~~ ~~~ ~` ~ ' d t ~~~ ~ > ~f ~ =~ ~ K ~ ~T $~g~~~ ^ N I 1 I I _ ~~ N e~ N I I n - NN_ g~~ t5 ~ gs 3 ~ ~ "g ~ b • gU ~ $° 4 N [- W Z ~ Z r^ V / O Q U ~ ~' m _ ~ U f~ 0 Q a v 4 2 W O M Q 9k K 6 ~~ ~~ ~ ~ qq ~ ~ b~ 3 j x ~~ ~eo~~ W {~ w QQ G. / ~~{j O eD i}irt w N C V 'o W ~ ~ ~ °m .9 ~ i((~~ ~ '] m N a L N ~D L p W \ `r7~ ~ c~ ~~} 1- ~~~~yIY W N Z_ C V S O > ~ l ~~ o ~3 ~ W Y U Q 2 > OI/) 4 za~~ ATTAGHMENT C 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 r aboveground utility, facilities on right-of-way will serve to reduce on the community. egulations and guidelines for any public property and ~ in the public the potential for negative impacts 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 Irri t' • ga ton 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: I. 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 abjective 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 Gity'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: Provide for awell-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; Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Poiicy 6.2: Encourage and promote high quality design and physical appearance in all development projects; Policy 6.12: 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; Policy 8.3: Coordinate the construction of all public utilities to minimize disruption of vehicular traffic and negative impacts on roadways; and, Policy 8.6: 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 Califomla Environmental Quality Act (CEQA). Section 2. Ordinance No. 1213 and Part fi 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 pESIGN 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 interterence 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 Clty 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 installed 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 far 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 3~0~ day of ~e~rx~, 2001. (/l/ `~ Tracy s Worley, Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 9232 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 19~' day of November, 2001 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 3"~ day of December, 2001 by the following vote: COUNCILPERSONS AYES: Worley, Thomas, Bone, Doyle, Kawashima COUNCILPERSONS NOES: None COUNCILPERSONS ABSTAINED: None CO ILP RSONS ABSENT: None Pamela Stoker, City Clerk ATTACHMENT D CITY COUNCIL 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 faciN#ies on public properties such as parks, community facilities, or othei~City-owned properties. New comprehensive guidelines are r5eeded 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 Commission recommended approval of the Design Guidelines for Aboveground lJtility 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, 2001, November 5, 2001, and November 19, 2001. II. 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. I. 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 19~' day of November, 2001. Pamela Stoker City Clerk ~~~ Tracy Wil Orley 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 othen+vise. "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, street-tieles; 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 't'~"t«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, roof-mounted, orground-mounted utility facility. "Directo-" means the Community Development Director of the Clty 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. F~chibit 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, and utility easements now or hereafter owned in fee or easement by the City. "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 i 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 ar 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 Ciry 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, shalt 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. 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 far 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 fallowing items shall be required for an aboveground utility facility: 1. A statement providing the reason for the location, design, and height of the proposed aboveground utility facilities; 2. Evidence satisfactory to~ the City demonstrating location or co- Iocation is infeasible on existing structures, light or utilities polesltowers, and existing .sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs; 3. A photo simulation of the proposed aboveground utility facility in true scale; 4. 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 aboveground 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 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..o1-95 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. 2. 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. b. 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 permissiori 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. Far 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 shalt 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 T.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. 2. 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. 4. 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 tp 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. 2. 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 fora concurrent Encroachment Permit/Design Review [Section 7.1(b)] require a Design Review prior to issuance of Encroachment Permits. Exhibit A of Resolution No. Q1-95 Page 9 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. 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: 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 al- proposed accessory equipment within the manual. 2. 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. 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. 3. 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, b. 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. 4. 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. 5. 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 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 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 a. 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 accessary 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 a. Noise emanating from aboveground accessory equipment shall not exceed the Gity's adopted Noise Ordinance standards. 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. 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 N0.01-95 1, 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 19~' day of November, 2001, by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Bone, Doyle, Kawashima COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None ~~ Q~Q Pamela Stoker, City Glerk ATTACHMENT E RESOLUTION NO. 4111 RESOLUTION NO. 4111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW OS-015 AUTHORIZING THE ESTABLISHMENT OF AN ABOVEGROUND REMOTE CONTROLLED SWITCH (RCS) CONTROLLER LOCATED ON THE SIDEWALK WITHIN THE PUBLIC RIGHT-OF-WAY LOCATED AT THE NORTHWEST CORNER OF MYFORD ROAD AND WALNUT AVENUE. The Planning Commission dues hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Design Review 08-015, was filed by Robert Stiens of Southern California Edison requesting authorization to install a Remote Controlled Switch (RCS) controller on the sidewalk within the public right-of-way located at the northwest corner of Myford Road and Walnut Avenue. B. That Tustin City Code Section 7260 et al (Ord. 1232) allows for aboveground utility facilities be located within the public right-of-way. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That Design Review of aboveground utility facilities within the public right-of-way is required pursuant to Tustin Gity Code Section 7260 et seq. D. That City Council Resolution No. 01-95 provides guidelines for aboveground utility facilities on public property and within the public right-of-way and the project has been reviewed for consistency with the guidelines. E. That a public meeting was duly called and held for said application on February 10, 2009, by the Planning Commission. F. That Southern California Edison has provided written assurance that the proposed RCS controller facility cannot be placed underground and that the proposed RCS is the only and last one needed to serve City of Tustin. G. That the City of Tustin Public Works Department has reviewed and accepted the RCS controller at the proposed location. Resolution No. 4111 Page 2 H. That the Planning Commission finds the location, size, aesthetic features, and general appearance of the proposed aboveground utility facility will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole in that: All system's equipment is located underground in a vault with the exception of the required vents and the proposed RCS controller. 2. It is not technologically feasible to locate the proposed RCS controller underground in that the remote control must be located aboveground to receive radio signal. 3. The RCS controller would significantly reduce the duration of electrical service outages especially during an emergency event thus providing public benefit and improving the safety in general of those served by the system. 4. The proposed RCS controller is serving an existing and built out area and is the only and last one needed to serve City of Tustin. All future controllers and associated systems will be designed to comply with the City's Ordinance and Guidelines. 5. The project location is in an industrial business park area where no residential uses are in the vicinity thereby minimizing interference to pedestrian activity in the area. 6. The RCS controller would not block any line of sight requirements at intersections or driveways. 7. The RCS controller would not obstruct any access or passage for disabled persons along public sidewalks. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 08-015 authorizing the installation of a Remote Controlled Switch (RCS) controller on the sidewalk within the public right-of-way located at the northwest corner of Myford Road and Walnut Avenue, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 4111 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 10~" day of February, 2009. CHARLES E. PUCKETT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4111 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10t" day of February, 2009. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4111 DESIGN REVIEW 08-015 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 10, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consisfient with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within eighteen (18) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 Approval of Design Review OS-015 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Design Review 08-015, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision- making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODEIS (7) 4) ESIGN REVIEW RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PClCC POLICY *~'* EXCEPTION Exhibit A Resolution No. 4111 Page 2 PUBLIC WORKS DEPARTMENT (1) 2.1 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 2.2 The applicant shall remove and replace the sidewalk per the City of Tustin's Public Works Standards. The applicant shall remove the sidewalk to the nearest score joints or per the directions of the City of Tustin's Public Works inspector. (1) 2.3 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. (1) 2.4 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. (1) 2.5 Current Federal Americans with Disabilities Act (ADA) requirements shall be met within the sidewalk at the project site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. EQUIPMENT INSTALLATION/OPERATION (1) 3.1 The aboveground RCS controller is to serve existing and built out area and is the only and last one to serve the City of Tustin. All future controllers and associated systems shall be designed to comply with applicable City's ordinances and guidelines. (1) 3.2 Noise emanating from aboveground accessory equipment shall not exceed the City's adopted Noise Ordinance standards. (1) 3.3 The aboveground accessory equipment shall not bear any signs of advertising devices (other than certification, warning, or other required seals or signage). (1) 3.4 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. (1) 3.5 Prior to installation, the utility provider shall provide notification to adjacent property owners within a one hundred (100) foot radius indicating the type, Exhibit A Resolution No. 4111 Page 3 location, and size of aboveground accessory equipment that will be installed and the estimated start and ending dates of construction. (1) 3.6 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. (1) 3.7 If the use of the aboveground discontinued for any reason, writing no later than thirty Aboveground utility facilities longer being used shall be discontinuation of use. utility facility and/or its accessory equipment is the applicant shall notify the City of Tustin in (30) days after the discontinuation of use. and their accessory equipment that are no removed within ninety (90) days after the If the facility is not removed within the required ninety (90) day period, the City shall be entitled to remove the facility at the applicant's sole cost and expense. The applicant 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. FEES (2) 4.1 Within forty-eight {48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations far any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.