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HomeMy WebLinkAboutPC RES 3652RESOLUTION NO. 3652 20 "'9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. 1213 RELATED TO DESIGN GUIDELINES FOR ABOVE GROUND CABINETS WITHIN THE PUBLIC RIGHT OF WAY AND RECOMMENDING THAT THE CITY COUNCIL ADOPT ABOVE GROUND CABINET DESIGN GUIDELINES The Planning Commission of the City of Tustin does hereby resolve as follows: II. I. The Planning Commission finds and determines as follows' k. That cable television companies servicing the City are expanding their services by adding high-speed digital telephone and data transmission (Internet) services and the upgrading will require installation of additional equipment such as above ground cabinets within the public right-of-way. In addition, other utility companies routinely upgrade, relocate, and install new above ground equipment in the public right-of- way. That currently no guidelines are in place to regulate the location, screening, and safety of above ground cabinets in the public right-of way. C. 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 above ground cabinets. Bi That a public hearing was duly called, noticed and held by the Planning Commission on March 8, 1999, and August 23, 1999. In recommending approval of the Above Ground Cabinet Design Guidelines, the Planning Commission finds and determines: Ao That the guidelines provide standards that mitigate impacts typically associated with installation of utility cabinets within the public right-of-way including measures to reduce the visual impact of above ground cabinets. ]0 ]5 2O 22 25 26 2? Resolution No. 3652 Page 2 III. Bo That the guidelines require approval of an Encroachment Permit and/or Design Review process which would ensure that cabinets are developed in an orderly manner with respect to location, size, and screening. Co That traffic signal controller and irrigation controller cabinets should be exempted from the guidelines since they are different in nature and function and provide essential services. Traffic signal controller cabinets provide for public safety and must be located in close proximity to traffic control devices. Irrigation controller cabinets must be located in close proximity to available power sources. D° That the Director of Community Development should be authorized to approve, approve with conditions or deny the Design Review application. Bo That the adoption of guidelines or an ordinance to regulate future replacement or installation of above ground cabinets will not affect the environment and is not a project as defined by the California Environmental Quality Act. The Planning Commission hereby recommends that the City Council adopt enabling Ordinance No. 1213 related to design guidelines for above ground cabinets within the public right-of-way, attached hereto as Exhibit A, and adopt the Above Ground Cabinet Design Guidelines to be followed when considering an Encroachment Permit and/or Design Re~,iew application for the installation of above ground cabinets within the public right-of-way, attached hereto as Exhibit B. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23'~ day of August, 1999. /'-o-I'-~~ EN V. KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3652 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3652 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 234 day of August, 1999. ELIZABETH A. BINSACK Planning Commission Secretary ]2 ]5 20 21 23 24 25 26 27