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HomeMy WebLinkAboutPC RES 4111RESOLUTION NO. 4111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 08- 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 does 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 seq. (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 City 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. H. That the Planning Commission finds the location, size, aesthetic features, and general appearance of the proposed aboveground utility facility will not Resolution No. 4111 Page 2 impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole in that: 1. 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 the City of Tustin. All future controllers, associated systems, and other aboveground accessory equipment 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. 8. The RCS controller, as conditioned, would be of a color and aesthetic treatment which blends with surrounding materials and colors. 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 10th 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 10th 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 consistent 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 08-015 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) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** 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. Prior to issuance of an encroachment permit, the applicant shall provide a plan showing that the RCS controller be of a color and aesthetic treatment subject to review and approval by the Community Development Director. In addition, the applicant shall combine the existing vents with the proposed cabinet or relocate the existing vents and shall explore the use of a stealth aesthetic treatment subject to the review and approval of the Director of Public Works and Director of Community Development. (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 an existing and built out area and is the only and last one to serve the City of Tustin. All future controllers, associated systems, and other aboveground accessory equipment shall be designed to comply with applicable City 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). Exhibit A Resolution No. 4111 Page 3 (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, 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 maintain the equipment in good order and be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust, or replace the equipment subject to review and approval by the Community Development Director. (1) 3.7 If the use of the aboveground utility facility and/or its accessory equipment is discontinued for any reason, the applicant 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. 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. (7) 3.8 As more streamlined and/or technological improvements in equipment are developed, the applicant shall be required to update the proposed facility as well as other SCE aboveground equipment and infrastructure within Edison's service area. Technological advances include but are not limited to the ability to underground equipment, reduction in massing of the equipment, or stealth improvements, among others. Improvements to the facility shall be reviewed and approved by the Community Development Director and an encroachment permit obtained prior to installation. 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 Exhibit A Resolution No. 4111 Page 4 that applicant has not delivered to the Community Development i Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.