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Home My WebLink About01 ORD NO 1213 11-15-99NO. '1 11-15-99 DATE: NOVEMBER 15, 1999 [nter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CONTINUED PUBLIC HEARING: ABOVE GROUND GUIDELINES AND ORDINANCE NO. 1213 CABINETS DESIGN SUMMARY: Ordinance No. 12~3 and the Above Ground Cabinets Design Guidelines would establish regulations pertaining to the installation of above ground cabinets in the public rights- of-way. RECOMMENDATION That the City Council adopt: . Ordinance No. 1213 approving regulations for the installation of above ground cabinets in the public right-of-way; and, · 2. Resolution No. 99-84 approving the Above Ground Cabinet Design Guidelines. FISCAL IMPACT Costs associated with implementation and administration of the requirements of the ordinance and guidelines would be recovered through application fees identified in the .general Fee Schedule in Resolution No. 99-53 adopted on July 19, 1999. BACKGROUND On October 4, 1999 the City Council continued this item upon receiving a letter from utility providers requesting additional time to resolve their issues with the wording of the proposed guidelines (See Attachment A o Staff Report dated October 4, 1999 and Attachment B - Letter dated October 4, 1999). On October 22, 1999, staff met with representatives from Pacific Bell and Southern California Edison to discuss their concerns related to the proposed ordinance. In general, they indicated that: A comprehensive manual should be accepted in place of the Design Review process; Above Ground Cabinets De~.,=,l Guidelines November 15,'1999 Page 2 The comprehensive manual should only include the size and type of cabinets that may be installed. The location of specific cabinets should be addressed through the Encroachment Permit procedure; There should not be any other Design Review fee once the comprehensive manUal is accepted by the City; Only one letter for all cabinets is needed to explain why cabinets cannot be placed underground; and, The emergency contact person and telephone number should be included in the manual. To address these concems, the proposed guidelines (Attachment F) have been revised as follows: · Section 3 (c) has been added to state: · Section 4.1 (a) has been modified to state: "Whenever feasible, cabinets should be installed underground. If it is not technologically feasible to install a cabinet underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or unfeasibility of underground installabon. ~73~e~[e.?~e~_~b_-.e]i~~.,.,~,~e ~......... -~,~i,,,~ '..~-~.~.. _~_- _~ ,~-,.~.-~. -~,.-.." ~ -,-,,.,,--~---~." ~'~"~. '-.~--~--." i---~-~-- ....... -=--~-- --" I ~ m'~-~ h-~n~.i_v.e-E[m a n_u a I~ ~1 es c n bT~dJ ~ n-~S~ !~-_~3_'('C~ ~a I !lr~ r.o p. ,o_s ~d[~ n~e~_~i~ un t~"ual~ . · Section 5 (b) has been modified to state: "The cabinet owner company shall file the cabinet identification number, company name, person responsible for maintenance of the cabinet, and the phone number with the Public Works Department. compre~i en s~ve..manu~IL,"descr~Sed~.~h~ebt~o~~~ On November 2, 1999, Southem California Edison, after reviewing the above revisions, submitted a letter of support for the changes with the exception of providing information on locations and screening of proposed cabinets (see Attachment C- Letter dated November 2, 1999). Southern California Edison indicated that locations could not be DATE' , , w NOVEMBER 15, 1999 lnter-Com NO. '1 11-15-99 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CONTINUED PUBLIC HEARING: ABOVE GROUND GUIDELINES AND ORDINANCE NO. 1213 CABINETS DESIGN SUMMARY: Ordinance No. 1213 and the Above Ground Cabinets Design Guidelines would establish regulations pertaining to the installation of above ground cabinets in the public rights- of-way. RECOMMENDATION That the City Council adopt: 1. Ordinance No. 1213 approving regulations for the installation of above ground cabinets in the public right-of-way; and, · 2. Resolution No. 99-84 approving the Above Ground Cabinet Design Guidelines. FISCAL IMPACT Costs associated with implementation and administration of the requirements of the ordinance and guidelines would be recovered through application fees identified in the general Fee Schedule in Resolution No. 99-53 adopted on July 19, 1999. BACKGROUND On October 4, 1999 the City Council continued this item upon receiving a letter from utility providers requesting additional time to resolve their issues with the wording of the proposed guidelines (See Attachment A - Staff Report dated October 4, 1999 and Attachment B - Letter dated October 4, 1999). On October 22, 1999, staff met with representatives from Pacific Bell and Southern California Edison to discuss their concerns related to the proposed ordinance. In general, they indicated that: A comprehensive manual should be accepted in place of the Design Review process; Above Ground Cabinets Des.jn Guidelines November 15, 1999 Page 2 The comprehensive manual should only include the size and type of cabinets that may be installed. The location of specific cabinets should be addressed through the Encroachment Permit procedure; There should not be any other Design Review fee once the comprehensive manual is accepted by the City; Only one letter for all cabinets is needed to explain why cabinets cannot be placed underground; and, The emergency contact person and telephone number should be included in the manual. To address these concems, the proposed guidelines (Attachment F) have been revised as follows: · Section 3 (c) has been added to state: ~ ~ ! i~'~ t i~~'Ki~;~_h~'i~t~¥ t~om3 ~ :~an~; ,3 ~ ~t{i ~ ..Og Sec ) .:,(). _ t~ven ~r~~g · Section 4.1 (a) has been modified to state: "Whenever feasible, cabinets should be installed underground· If it is not technologically feasible to install a cabinet underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or · · · · * r ~ .~,.- ~ .. ~ ~ ~ ~ ~r]~.e'"~ ~.."~-t~ unfeas~bdlty of underground installat~o__n,. ~r rfp-, rr-e~ ~, ~a'_-_n_-~ Ltd ~ ~E_d~S~dti~~t~ it§ tn · Section 5 (b) has been modified to state: "The cabinet owner company shall file the cabinet identification number, company name, person responsible for maintenance of the cabinet, and the phone number with the Public Works Depa~....ment. On November 2, 1999, Southern California Edison, after reviewing the above revisions, submitted a letter of support for the changes with the exception of providing information on locations and Screening of proposed cabinets (see Attachment C - Letter dated November 2, 1999). Southern California Edison indicated that locations could not be Above Ground Cabinets Des.. November 15, 1999 Page 3 .Suidelines targeted until a customer request was received and suggested language to be incorporated'into Section 3(c). Their proposed language would defer review of specific locations to the Encroachment Permit process. Staff agrees that utility companies are market driven and thus are unable to provide specific locations and screening for cabinets until a customer need is demonstrated. However, staff believes that the intent of the guidelines is to locate cabinets in less sensitive areas and avoid overconcentration of cabinets in the right-of-way. To illustrate this point, Attachment D includes photographs of existing cabinets within the community that were installed without the benefit of an ordinance or guidelines. As a result, the Public Works Department routinely receives complaints regarding above ground cabinets. To achieve the goal of locating cabinets appropriately, information on cabinet location and screenings is essential during the review process. The submittal of a comprehensive manual that does not identify specific locations would be incomplete and an ineffective use of utility provider and staff resources. No approval or permit to install cabinets would be generated from the submittal of a comprehensive manual without identification of specific locations. To address Southern California Edison's concerns, staff recommends that utility companies submit the comprehensive manual when specific sites are warranted by customer demand. Since the comprehensive' ma'nual would' not require payment of a Design Review fee, no additional cost to ratepayers should occur. Associate Planner .~Dlizabeth A. Binsack irector of community Development Attachments: Ao De City Council Staff Report of October 4, 1999 Letter from Pacific Bell dated October 4, 1999 Letter from Southern California Edison dated November 2, 1999 Existing Cabinets Ordinance No. 1213 Resolution No. 99-84 \\COMM_DEWVOLI~SHARED~CDD-RDA\CDD\CCREPORT~above ground cabinets guidelines 11-15-99.doc ATTACHMENT A City Council Staff Report of October 4, 1999 DATE: t'n t e r- C o m NO. 14 10-4-99 OCTOBER 4, 1999 TO: FROM: SUBJECT: WILLIAM A, HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT ABOVE GROUND CABINETS DESIGN GUIDELINES AND ORDINANCE SU313IARII' Ordinance No. 1213 a/rd the Above Ground Cabinet Design Guidelines would establish regulations pertainbtg t~ t'[te installation of abo~,e ground cabhtets bt the public rights-of-wa)~ RECOMMENDATION That the City Council adopt: , Ordinance No. 1213 approving regulations for the installation of above ground cabinets in the public right-of-way; and, 2. Resolution No. 99-84 approving the Above Ground Cabinet Design Guidelines. FiscAL iMPACT Costs associated with implementation and administration of the requirements of the ordinance and guidelines would be recovered through applicant fees identified in the general Fee Schedule in Resolution No. 99-53 adopted on July 19, 1999. BACKGROUND Several cable television companies servicing the City are expanding and upgrading their services by adding high-speed digital telephone and data transmission (Internet Services). These upgrades 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 to respond to customer demand. Currently the City has no guidelines in place to regulate the location, screening, and safety of these above ground cabinets. The ordinance and guidelines are needed to Above Ground Cabinets October 4, 1999 Page 2 .,,~ Guidelines promote and protect the public health, safety and general welfare and preserve and enhance the quality of the City relating to the ordedy development of above ground cabinets. On August 23, 1999 the Planning Commission reviewed and considered the Above Ground Cabinets Design Guidelines and recommended that the City Council adopt enabling Ordinance No. 1213 and the Above Ground Cabinets Design Guidelines. DISCUSSION In drafting the guidelines, staff had several discussions and meetings with cable television Companies and utility providers and two public hearings with the Planning Commission. Concerns and comments of the Planning Commission, service providers, and staff in the Community Development and Public Works Departments were incorporated into the proposed ordinance and guidelines (see Attachment A- Planning Commission Report dated August 23, 1999). The guidelines, as recommended for approval by the Planning Commission, are summarized below (see Attachment G - Resolution No. 99-84): Purpose: The purpose of the Above Ground Cabinets Design Guidelines is to maintain an aesthetically pleasing environment in the City's right of way by regulating the location, size, color and other aspects of above ground cabinets. Applicability: The guidelines would apply to all utility providers that request approval to locate above ground cabinets in the right-of-way, including utility providers that are regulated by Califomia Public Utilities Commission (CPUC). The guidelines set forth preferences for locating equipment in the public right-of-way to minimize safety and aesthetic impacts. The guidelines do not attempt to regulate technical standards governed by the CPUC but instead provide guidance on where cabinets should be located and how large they may be in certain sensitive areas. Traffic controller and irrigation controller cabinets are proposed to be exempted from the guidelines since they are different in nature and function and provide essential services to the public. Process: Section 3 sets forth the process for approval of all replacement and new cabinets located in the public right-of-way. Replacement of cabinets that are the same size as or smaller than existing cabinets would be subject to the Encroachment Permit process and exempt from Design Review. New or larger replacement cabinets would be subject to a concurrent Encroachment Permit/Design Review process provided the cabinets would not be located adjacent to a front yard setback area or would not obstruct line of sight. All other new or larger replacement cabinets would be subject to Design Review prior to the Encroachment Permit. System upgrades would require a Master Plan to be Above Ground Cabinets October 4, 1999 Page 3 .4uidelines ,.. .,' . submitted concurrently with a Design Review application, when Design Review is required by the guidelines. - Public Noticing/Input: The Encroachment Permit or Design Review process does not require public noticing or input. However, a standard condition of approval has been included to require the utility provider to provide notification to adjacent property owners within a one-hundred (100) foot radius indicating the type, location, and size of cabinets that will be installed and the estimated start and ending dates of construction. Since the guidelines' recommend that cabinets be located in areas other than adjacent to residential front yards unless no other feasible location exists, staff believes that there is suffiCient protection for residential properties without public input. In addition, since the cabinets are placed in the public right-of-way by utility providers, adjaCent property owners do not assume any liability or responsibility. Fees: Encroachment Permit fees are determined on a case-by-case basis and typically include a $35.00 base fee plus an hourly rate of $37.50 for staff review of the permit application and inspection of the site. In the past, the Public Works Department has typically charged $37.50 per cabinet. The Design Review fee is $375.00 per application. More than one cabinet may be included in the same' Design Review application. Location: Section 4.1 sets forth preferences for locating cabinets in. the following order: 1 ) underground; 2) adjacent to non-residential properties; 3) adjacent to side or rear yards of residential properties; and 4) adjacent to the side or shared property line in the front yards of residential properties. The intent is to discourage locating cabinets adjacent to residential front yards. In 'addition, the guidelines discourage more than one cabinet from being located adjacent to the same side of a property to avoid over-concentration. Size: All sizes of cabinets would be subject to the guidelines. As proposed, the height of cabinets may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas adjacent to the front, side, or rear yards of residential properties. For example, in the front yard setback area of residential areas, fencing may not exceed three (3) feet. In side and rear yard areas, fencing may not exceed six feet eight inches (6'-8"). The size of cabinets located in non-residential areas would be considered on a case-by-case basis. No volume restriction is proposed. The intent of the height restriction is to allow private property owners to be able to screen their view of cabinets by erecting fencing while providing maximum flexibility in the volume of cabinet that may be installed. Above Ground Cabinets D~. October 4, 1999 Page 4 ., Guidelines Screening: In residentially zoned areas, cabinets would be required to be screened to match or complement surrounding features such as fencing, buildings, or landscaping. Standard Conditions of Approval: A number of standard conditions are proposed including requiring cabinets to be treated with materials which discourage or repel graffiti and utility providers to be responsible for removing graffiti from cabinets within 48 hours. At the Planning Commission meeting on August 23, 1999, Southern ~alifornia Edison and Pacific Bell offered additional comments on the proposed ordinance and guidelines (see Attachment B - Planning Commission Minutes of August 23, 1999). In general, they commented that: Franchises should be exempted from the guidelines; The guidelines should be a policy document rather than ordinance; The requirement to underground cabinets would result in extra costs to consumers; and A comprehensive notebook outlining cabinet's sizes should be accepted in place of the Design Review process. Staff offered the following responses: Franchises should not be exempted since there is no law excluding them from other service providers; An ordinance is necessary to support the guidelines to provide uniform implementation and enforcement; To limit the number of above ground cabinets within the public right--of-way, when technologically possible, the gUidelines recommend that all cabinets be placed underground. The guidelines focus on regulating the long-term effects rather than short-term effects of cabinet installation. A comprehensive notebook may be submitted, provided that information contained in the notebook demonstrates compliance with the guidelines. The notebook would not waive staff review of specific sites and cabinets for appropriateness and compliance with the guidelines. Southern California Edison and Pacific Bell submitted letters after the public hearing requesting that the City clarify the use of a comprehensive notebook (see Attachment C - Letters dated August 30, 1999, and August 31, 1999). Staff sent letters indicating that submittal of a comprehensive notebook would not waive any of the requirements in the guidelines (see Attachment D- Letters dated September 21, 1999). In addition, on September 28, 1999, staff received a letter of support for adoption of the ordinance and guidelines from a resident of the community (see Attachment E). Above Ground Cabinets De~' ,uidelines ,.. '-' October 4, 1999 Page 5 Ordinance No. 1213 Ordinance No. 1213 (see Attachment F) is an enabling ordinance which supports the guidelines by outlining findings and mitigation measures for impacts associated with above ground cabinets. The ordinance also establishes application requirements and designates the Public Works Director and Community Development Director as the reviewing authorities. EliZabeth A. Binsa~:k Director of Community Development Attachments: A. B. C. D. Planning Commission Staff Report of August 23, 1999 Planning Commission Minutes of August 23, 1999 Letters from Southem California Edison and Pacific Bell dated August 30, 1999, and August 31, 1999 Letters dated September 21, 1999 Letter dated September 28, 1999 Ordinance No. 1213 Resolution No. 99-84 S:\CDD~CCREPORT~='eportcabinetguidelir~es10-99.doc ATTACHMENT A Planning Commission Staff Report of August 23, 1999 DATE: AUGUST 23, 1999 Inter-Com TO: FROM: SUBJECT: CITY OF TUSTIN PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT' ABOVE GROUND CABINETS DESIGN GUIDELINES AND ORDINANCE RECOMMENDATION That the Planning Commission adopt Resolution No. 3652 recommending that the City CoUncil adopt the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. BACKGROUND On March 8, 1999, the Planning Commission reviewed .the draft Above Ground Cabinet Design Guidelines and Ordinance No. 1213. After discussion among the Planning Commission and testimony from utility providers, the Planning Commission directed staff to continue the hearing to a date uncertain to allow staff the opportunity to meet with interested utilities (see Attachment A- Staff'Report and Minutes dated March 8, 1999). On March 31, 1999, staff met with representatives, from various utility companies and received written comments following the meeting (see Attachment B - Comment Letters). in general, the. discussion and written comments suggested creating a policy document rather than an ordinance to implement the guidelines and establishing a process for pre- approval of installation of new standard size cabinets. Following the meeting with utility providers, staff revised the guidelines to address Planning Commission and utility provider concerns and circulated them for review among utility providers. The revisions were intended to: Clarify when Design Review is required; Provide an exemption from the Design Review process for replacement of cabinets that are the same size or smaller;, Define the preferred locations for new cabinet installation; Provide flexibility in the size of cabinets that may be used; and, Allow screening requirements (i.e., painting) to be consistent with manufacturer's recommendations and eliminate the requirement for shrubbery screening. On June 7, 1999, staff met with representatives of Pacific Bell and Southern California Edison to discuss their comments on the revised guidelines. In general, they suggested: Creating a policy document rather than ordinance; Establishing an easier process to approve replacement and new cabinets where minimal impacts are anticipated; and, Above Ground Cabinets De'.. August 23, 1999 Page 2 -% ~uidelines ,: Eliminate the requirement for posting signs on cabinets with the utility provider's phone number. Attachment C contains Southern California Edison and Pacific Bell's suggested additions and deletions on an earlier version of the revised guidelines. The revised guidelines were scheduled to be considered by the Planning COmmission on June 14, 1999. However, after the staff reports with the proposed revised guidelines were distributed to all utility providers, the meeting was cancelled. On August 9, 1999 Southern California Edison and Pacific Bell submitted comments based on the revised guidelines (Attachment D). In general, they indicated that: Sections 4.1(a) and 4.1(c)(2) which require utility providers to submit letters justifying why the cabinets cannot be placed underground or at a sufficient distance from existing cabinets should be eliminated. Section 4.1(c)(1) which recommends measures to prevent overconcentration of cabinets appears to preclude joint trenching. In general, height restrictions (Section 4.2) are unnecessary and the guidelines should be revised to allow a twenty (20) percent increase in size for replacement cabinets. Sections 4.1(b)(3) and Section 4.1(c)(1) which discuss location and overconcentration of cabinets should be clarified. Section 5(j) which, requires notification to property owners within 100 feet should be limited to provide notice to the adjacent property owner. DISCUSSION The guidelines have been revised to address and reconcile Planning Commission, staff, and utility provider concerns and comments (see Attachment E- Exhibit A of Resolution No. 3652) as described below. Highlighted sections indicate revisions made to the June 14, 1999, version of the guidelines. Purpose: Although the utility providers requested that the guidelines be a policy document, staff recommends that the guidelines be enabled through an ordinance to provide for uniform implementation and enforcement. Applicabili~: The guidelines would apply to all utility providers that request approval to locate above ground cabinets in the right-of-way, including utility providers that are regulated by California Public Utilities Commission (CPUC). The guidelines set forth preferences for locating equipment in the public right-of-way to minimize safety and aesthetic impacts. The guidelines do not attempt to regulate technical standards governed by the CPUC but instead provide guidance on where cabinets should be located and how large they may be in certain sensitive areas. Above Ground Cabinets Desi', idelines . August 23, 1999 Page 3 Traffic controller and irrigation controller cabinets are proposed' to be exempted from the guidelines since they are different in nature and function and provide essential services to the public. Process: Section 3 sets forth the.process for approval of all replacement and new cabinets located in the public right-of-way. Replacement of cabinets that are the same size as or' smaller than existing cabinets would be subject to the Encroachment Permit process and exempt from Design Review. New or larger replacement cabinets would be subject to a concurrent Encroachment Permit/Design Review process provided the cabinets would not be located adjacent to a front yard setback area or would not obstruct line of sight. All other new or larger replacement cabinets would be subject to Design Review prior to the Encroachment Permit. System upgrades would require a Master Plan to be submitted concurrently with a Design Review application, when Design Review is required by the guidelines. Public Noticing/Input: The Encroachment Permit or Design Review process doeS not require public noticing or input. However, a standard condition of approval has been included to require the utility provider to provide notification to adjacent property owners within a one hundred (100) foot radius indicating the type, location, and size of cabinets that will be installed and the estimated start and ending dates of construction. Since the.guidelines recommend that cabinets be located in areas other than adjacent to residential front yards unless no other feasible location exists, staff believes that there is sufficient protection for residential properties without public input. In addition, since the cabinets are placed in the public right-of-way by utility providers, adjacent property owners do not assume any liability or responsibility. in response to the June 14, 1999, version of the gu'idelines, Southern California Edison and Pacific Bell suggested that notification be given only to those property owners that will be directly affected by the construction/installation of the cabinets. Since a one hundred (100) foot radius is modest and generally includes one or two properties adjacent to the affected properties, it is not unduly burdensome to provide notice and would serve to notify nearby, property owners that may perceive that they are affected due to the proximity of the cabinet. Fees: Encroachment Permit fees are determined on .a case-by-case basis and typically include a $35.00 base fee plus an hourly rate of $37.50 for staff review of the permit application and inspection of the site. In the past, the Public Works Department has typically charged $37.50 per cabinet. The Design Review fee is $375.00 per application. More than one cabinet may be included in the same Design Review application. Location: Section 4.1 sets forth preferences for locating cabinets in the following order:. 1) underground; 2) adjacent to non-residential properties; 3) adjacent to side or rear yards of residential properties; and 4) adjacent to the side or shared property line in the front yards of residential properties. The intent is to discourage Above Ground Cabinets D6 August 23, 1999 Page 4 '.,%. Guidelines , .'.. locating cabinets adjacent to residential front yards. In addition, the guidelines discourage more than one cabinet from being located adjacent to the same side of a property to avoid overconcentration. In response to the June 14, 1999 version of the guidelines, Southern California Edison and Pacific Bell requested that Sections 4.1(a) and 4.1(c)(2) requiring letters justifying undergrounding cabinets ol' placing Cabinets in close proximity to each other should be eliminated. The intent of the guidelines is to preclude visual clutter associated with above ground cabinets. The letters of justification are necessary to ensure that unwarranted above ground installations or overconcentrations of cabinets do not occur. Southern California Edison and Pacific Bell also noted that Sections 4.1(b)(3) and Section 4.1(c)(1) appear to conflict and need to be clarified. Section 4.1(b)(3) encourages cabinets to be located as closely as possible to shared property lines between front yards rather than the center of properties. Sections 4.1 (c)(1) and (2) require cabinets to be located as far as possible from existing cabinets and, if this is not possible, require a letter to justify why the cabinet cannot be located 'at a sufficient distance from another cabinet. The intent of these sections is to prevent cabinets from being located adjacent to front yards and overconcentration of cabinets at side yard property lines. While they may appear to conflict, they provide maximum protection for residents by specifying the proper location for cabinets and discouraging overconcentration of cabinets. Southern California Edison and Pacific Bell also noted that Section 4.1(c) which requires separation distance between cabinets appears to preclude joint trenching. While this section would not necessarily preclude joint trenching, it is intended to regulate the long-term effects of cabinet installation rather than construction impacts. Size: All sizes of cabinets would be subject to the guidelines. As proposed, the height of cabinets may not exceed the permitted height of fencing as determined at the' property line in residentially zoned areas adjacent to the front, side, or rear yards of residential properties. For example, in the front yard setback area of residential areas, fencing may not exceed three (3) feet. In side and rear yard areas, fencing may not exceed six feet eight inches (6'-8"). The size of cabinets located in non-residential areas would be considered on a case-by-case basis. No volume restriction is proposed. The intent of the height restriction is to allow private property owners to be able to screen their view of cabinets by erecting fencing while providing maximum flexibility in the volume of cabinet that may be installed. in response to the June 14, 1999 version of the guidelines, Southern Califomia Edison and Pacific Bell noted that the original version of the guidelines allowed for a twenty (20) percent variation in cabinet size. The revised guidelines are intended to restrict the height of cabinets in residential areas to the allowable fence height and provide maximum flexibility in other zones. No variation is necessary in Above Ground Cabinets Desi~delines August 23, 1999 Page 5 non-residential zones since the cabinet height would be considered on a caSe-by- case basis. However, allowing a variation in height in residential areas would defeat the purpose of limiting the cabinet height to the allowable fence height so residents could.effectively screen cabinets with fencing if they choose. Screening: In residentially zoned areas, cabinets would 'be required to be screened to match or complement surrounding features such as fencing, buildings, or landscaping. In response to comments regarding the possibility of voiding cabinet warranties if they are painted, the techniques to be used would need to be aPplied in accordance witlfi manufacturer recommendations. In addition,' as recommended by the Public Works Department, the requirement for shrubbery screening was eliminated due to the difficulty of maintaining vegetation in good condition in the right-of-way. Typically, private property owners maintain the landscaping in the parkway in front of their properties. Standard Conditions of Approval: A number of standard conditions are proposed including requiring cabinets to be treated with materials which discourage or repel graffiti and utility providers to be responsible for removing graffiti from cabinets within 48 hours, in response to utility provider-comments, the requirement for company contact information to be posted on the cabinet was revised to require the information to be kept on file with the Public Works Department. Ordinance No. 1213 Ordinance No.1213 has been revised to be consistent with the revised Above Ground Cabinet Design Guidelines. Ordinance No. 1213 (see Attachment E - Exhibit A of Resolution No. 3652) is an enabling ordinance which supports the guidelines by outlining findings and mitigation measures for impacts associated with above ground cabinets. The ordinance also establishes application requirements and designates the Public Works Director and Community Development Director as the reviewing authorities. Associate Planner KAren Peterson Acting Senior Planner Attachments: A. B. C. D. E. Staff Report and Minutes dated March 8, 1999 Letters dated April 22, 1999, and April 23, 1999 Comments received June 7, 1999 Comments received August 9, 1999 Resolution No. 3652 ATTACHMENT A STAFF REPORT AND MINUTES DATED MARCH 8, 1999 DATE: !~£&RCH 8, 1999 TO: FROM: SUBJECT: CITY OF TUSTIN PLANNING COMMISSION CO MM UNITY D EVELO P MENT D EP ARTMENT .ABOVE GROUND CABINETS DESIGN GUIDELINES AND ORDINANCE RECOMMENDATION That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. BACKGROUi~ The City of Tustin is currently served by Ixvo cable television companies (Cox Communication and Media One). These companies anticipate upgrading their services by adding high-speed digital telephone and data transmission (Interact) services. The upgrades will provide recipients with better quality transmission, reliable video picture, and the option to subscribe to high-speed Interact access and digital telephone services. The upgrades will be provided throughout each delivery sen'ice areas which include Old Town Tustin and Tustin Ranch areas. As part of the overall up~ades, installation of new lines and additional equipment such as above- ~ound cabinets housing the power supply for the service will be required. Attachment 2 shows a r.,-pical cabinet proposed by Media One. These cabinets will be installed within the public right-of- way. The location of the power supply is determined by the size of each node, and the load and voltage requirements for each power line. The installation of these cabinets which includes under- grounding fiber optic lines will require trenching by cutting the streets, removing sidewalks, trenching along the park~'ays, and possibly boring of intersections. DISCUSSION Design Guidelines To address potential visual impacts and safety concerns associated with the installation of the above-~ound cabinets, staff prepared the draft Above Ground Design Guidelines (Exhibit A of Resolution No. 3652). In general, the guidelines address facility location, size, screening, and review process as follows: Planning Commission Report Power Supply Cabinet Design Guidelines March 8, 1999 Page 2 Location Currently there is no policy or guidelines regulating the location of above ~round cabinets. Since a number of these cabinets will be located inthe public ~i~ht-of-way, staff recommends~ several locations in order of preference including locating adjacent to non-residential properties, in the rear or sides of properties, and farthest from curb lines and intersections. The intent is to encourage locations that w/Il be the least obtrusive to the surrounding area. Provisions also included to restrict the cabinets from encroaching into the disabled access along the sidewal 'ks. Size Althou~h the City does not regulate certain particular housing for the above- ~round cabinets, regulation on the maximum size allowed for the cabinet is i~ncluded. This provision vCill prevent oversize.cabinets from being installed in the right-of-way. To allow flexibility, the Zoning Administration may consider a Minor Adjustment or Admirfistrative Variance for cabinets that exceed maximum size by no more than 20 percent when no other technologically feasibl~ alternative exists. Screenin¢ Provisions are included requiring'screening of the cabinets. Screenings include but are not limited to the use of matching paint, texturing, faux finishing and actual matching building and landscaping materials. RemoVal of. any landscaping to install the cabinets shall be replaced with landscaping materials similar number, .type, and size. No signs shall be allowed other than emergency phone number of the responsible company which will be oriented away from the street frontage. Application Reauirements and/or Restriction To ensure that applicants follow the guidelines once adopted, a Master Plan identifying all proposed cabinets is required to be submitted to tSe Community Development Department. The installation oft he cabinets can occur in several Planning Commission Report Power Supply Cabinet Design Guidelines March 8, 1999' Page 3 · phases, however, each cabinet must be identified within the Master Plan. 'The Director of Community Development, through a Design Review process, will review the Master Plan. In'addition to the Master Plan Design Review application, any installation of cabinets located in the public right-of-way will require an Encroachment Permit issued by the Public Works Department. Authorization Finally, the Director of Community Development is author/zed to enforce the provisions of these guidelines..The Director of Community Development will review the Master Plan and phased development in accordance w/th the design guidelines. The applicant, or any other interested party, may appeal any decision of the Director of Community Development to the Planning Commission in accordance to the appeal procedures indicated in the existing Design Review process (Tustin City Code Section 92720. Ordinance No. 1213 Ordinance No.1213 is included to accompanY the Above Ground Cabinet Design Guidelines for above ground cabinets v~Sthin the public right-of-way. Ordinance No.. 1213 is an enabling ordinance which supports the guidelines by outlining findings and mitigation measures for impacts associated with above ground cabinets. The ordinance also establishes application requirements and designates the Community Development Director as the reviewing authority. Appeals procedures are also included pursuant to Section 9272fofthe Tustin City Code. Jhsi)tna Wfllkom Associate Planner Karen Peterson Acting Senior Planner Attachments: 1. Resolution No. 3652 2. Typical Above-ground Cabinets by Media One 3. Ordinance No. 1213 S:K~DDg~.EPOKT~:~mm,,,,i,-~i~ uod~ mbine~.tloc ]0 2O 24 25 RESOLUTION NO. 3652 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING' THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. .1213, RELATED TO DESIGN GUIDELINES FOR ABOVE GROUND CABINETS WITHIN THE PUBLIC RIGHT OF WAY. The Planning Commission of the City of Tustin does hereby resolve as follows: i. The Planning Commission finds and determines as follows: ko That cable television companies servicing the City are expanding their services by adding high-speed digital telephone and data transmission (lnternet) services. That the upgrading Will require installation of additional equipment such as above ground cabinets within the public right-of-way. Bo That currently no guidelines are in place to regulate the location, screening, and safety of above ground cabinets in the public right-of way. Co 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 cable television and internet services upgrade installations. !1. in approving 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. Bo That the guidelines require approval of a Master Plan/Design Review process which would ensure that cabinets are developed in an orderly manner with respect to location, size, and screening. 10 12 16 17 lg 19 2O 21 22 23 24 25 26 27 211 29 Resolution 3652 Exhibit A Page 2 C, That traffic signal control cabinets should be exempted from the guidelines since they are different in nature and function in that they provide for public safety arid must be located in close proximity to traffic control devices. Iil. Do That the Director of Community Development should be authorized to approve, approve with conditions or deny the Master Plan Design Review application. The Planning Commission hereby adopts the Above Ground Cabinet Design Guidelines to be followed when considering a Master Plan Design Review application' for the installation of above ground cabinets within the public right-of-way, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8~ day of March, 1999: LESLIE PONTIUS Chairman ELIZABETH A. BINSACK Planning Commission Secretary STATEOF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, 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 8~ day of March, 1999. ELIZABETH A. BINSACK Planning Commission Secretary Resolution 3652 Exhibit A · Page 3 Above Ground Cabinet Guidelines SECTION-I' Purpose and Intent 1.1 The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of- way and implement Ordinance 1213, Design Review of above ~ound cabinets. These zuidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. SECTION 2: Location 2.1 \Vhen locating above ground cabinets, the following must be considered in order of preference: Ao Where appropriate, cabinets located in close-proximity to prominent or sensitive locations should be installed underground. B. Where' possible, cabinets should be located adjacent to non-residential properties; or, Co Where possible, cabinets should be located adjacent to sides or rear yards of residential properties, preferably on major streets; or, D. Cabinets located in parkway areas should be located as far as possible from the curb line in an area which gives the best oppommity for screening. If necessary, the installing entity shall relocate the sidewalk and transition to match the .existing sidewalk. 2.2 Cabinets shall be located to satisfy line of sight requirements at any intersections and driveways. 2.3 Where on-street parking is not restricted adjacent to the proposed cabinet,, the cabinet shall not kinder opening of vehicular doors. 2.4 Disabled access along public sidewal'ks shall be maintained adjacent to all service cabinets (i.e. minimum of 4 to 4.5 feet clear sidewalk). 2.5 Cabinets shall not interfere with any'ex/sting or proposed improvement projects. Resolution 3652 Exhibit A Page 4 SECTION 3: Size 3.1 3.2 Except as provided in Tustin City Code Section 7263, no cabinets shall exceed five (5) feet in hei=~ht, three (3) feet in depth, and three (3) feet in width, exclusive of meter panels of pedestals, with the exception of traffic signal control cabinets. Cabinets that exceed the maximum size specified within the Design Guidelines by no more than 20 percent may be administratively approved by the Community Development Director in conjunction with a Master Plan/Design Review and Minor Adjustment or Administrative Variance process in accordance with TCC Section 9299 if substantikl evidence indicates that no other technologically feasible alternative exists. SECTION 4: Screening 4.1 Cabinets shall be enclosed and screened to match or complement existing fencing, screening, other utility cabinets (if present) and/or landscaping. The use of matching paint, texturing, fatux finishing, and actual matching building and landscaping materials shall be used. 4.2 4.3 Cabinets shall be constructed and treated v, dth appropriate materials wkich discourage or repel ~affiti. · . .Any removal of landscaping to install the above ground cabinet shall be replaced with landscaping materials similar number, type, size as approved by the Director of Community Development and Public Works. 4.4 The use of crash post is discouraged. However, if shown as necessary, the exterior finish of crash post should be given a screening treatment which matches or complements the screening for the structure. 4.5 All access openings shall be placed to face away from street frontages, except traffic signal control cabinets. 4.6 Cabinets shall include the phone number for a responsible person at the communication company. Said si_maage shall be oriented away from the street frontage. The size of this information should be a maximum of five (5) percent of the cabinet fa,earle. 4.7 Ail screening devices shall be installed and maintained by the communication company subject to inspection by City staff. Resolution 3652 Exhibit A Page'5 4.8 The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). SECTION 5: Noise Standard 5.1 The noise emanating from the above ground cabinets shall meet the City's adopted Noise standards. SECTION 6: Abandonment 6.1 'An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the City of Tustin in v~ting no later than five (5) days after the discontinuation of use. 6.2 Cabinets 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 area. shall be restored to its original condition at the operator expense. 6.3 The Design Review approval shall be reviewed by the Director of Community Development at the end of five (5) years from the date of approval. The Director may require additional conditions or modification to the existing conditions or cabinets as part of such review to protect the public health, safety and general welfare. 6.4 The Design Review approval shall remain valid for the term of the encroachment permit or franchise agreement. If the permit or franchise a~eement is ex'tended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the permit or franchise agreement, all cabinets shall be removed from the City's public right-of-way. ]0 ]7 20 23 24 25 27 29 Ordinance No. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING REGULATIONS FOR ABOVE GROUND CABINETS WITHIN THE CITY'S PUBLIC RIGHT OF WAY. The City Council of t.he City of Tustin does hereby ordains as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows' Ao· Currently there are no regulations and guidelines in place for the installation of above ground cabinets within the City's right of way. Bo The adoption of permanent regulations and guidelines for above ground cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. · C. Failure to implement above ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above ground cabinets being installed without controls needed to protect the public health, safety and community aesthetics. D. Traffic. signal control cabinets are exe'mpted since they are different in nature and function. The traffic signal control cabinets by nature must be located as such where traffic can be controlled at intersections. The requirements and restrictions imposed, by this Ordinance are necessary to protect the health, safety and aesthetics of the City of Tustin as follows: . Desitin Review Approval for installation of Above Ground Cabinets within the City's Right of Way. The City's objective is to promote safety, aesthetics and land use compatibility between above ground cabinets and neighboring land uses. Above ground cabinets 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 cabinets are over concentrated in specific areas, or are close to · intersections thus impacting motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design Review allows the city to examine aesthetics issues by analyzing items such 10 15 16 19 2o 21 25 26 27 29 Ordinance No. 1213 Page 2 of 5 o as height and bulk of the cabinets, colors, visibility, screening and relationship to adjacent structures, and design. Screeninq Criteria and Guidelines. The City's objective is to promote and protect an aesthetic environment by requiring the use of subdued colorS, non-reflective material and screening of the cabinet with landscape materials. o Site Selection Order of Preference. The City's objective is to promote and protect, an aesthetic environment by requiring that above ground cabinet be located in areas that are the least obtrusive to the community. 4. Sion Restrictions. The City's objective is to promote aesthetics by restricting sign clutter. . Size Criteria. The City's objective is to promote aesthetics and safety. Limiting the size of above ground cabinets will reduce the visual impact associated with traffic and pedestrian safety. . Removal Required for Abandoned Cabinets. The City's objective is to promote and protect and aesthetic and safe environment by requiring that cabinets be removed if they are not used for a period of ninety days. Abandoned cabinets 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 cabinets. Bo That a public hearing was duly noticed, called and held on this Ordinance by the Planning Commission on March 8, 1999 and by the City Council on April 5, and 19, 1999. Section 2. Part 6 is hereby added to chapter 2 of Article 7 of the Tustin City Code to read as follows: PART 6 _. DESIGN REVIEW OF ABOVE GROUND CABINETS 7260 PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain an aesthetically pleasing environment in the City's public rights of way, including parkways and median islands, by regulating the location, size, color and other aspects of above ground cabinets that exceed a certain size. Above ground cabinets have proliferated in the City's rights of way in recent years. Such cabinets house a variety of uses: some contain controls for traffic signals, others contain electronics and-wiring for cable television and telecommunicationS; others contain power sources. 12 13 14 19 20 21 24 26 27 2g 29 Ordinance No. 1213 Page 3 of 5 The cabinets are painted a variety colors, come in varying heights, and can fie .noisy. Most cabinets are not Screened. The result is visual clutter and increased noise along the City's right of way. Reasonable regulations for the height, location, color and other characteristics of such cabinets are necessary to promote the health and aesthetic welfare of the people of Tustin. 7261 DESIGN REVIEW REQUIRED Except for City traffic signal control cabinets, no person shall locate an above ground cabinet which exceeds five (5) feet in height, three (3) feet in depth, and three (3) feet in width in dimension, exclusive of meter panels of pedestals, with the exception of City's traffic signal controller cabinets, without th'e Design Review or Minor Adjustment/Administrative Variance requirements of this Part 6. This design review applies to existing and future franchisees and any other person who wishes to locate an above-ground cabinet in the public right of way. Design review approval is required before an encroachment permit may be issued to permit installation of a cabinet. 7262 APPLICATION FOR DESIGN REVIEW An applicant shall submit a master plan of the proposed location of all cabinets to the Director of Community Development ("Director"). Information shall also be provided as to the proposed color of the cabinets, screening, and noise level anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application. 7263 DESIGN REVIEW PROCESS Upon the application being found complete by the Director, or designee, the Director or designee shall review the master plan using the criteria set forth in the Design Guidelines adopted by resolution of the City Council. if the plan complies with the Guidelines it shall be approved. The Director may conditionally approve or deny the Plan. Amendments to a plan shall be reviewed and approved by the Director prior to issuance of an encroachment permit. Cabinets must be installed per the approved Plan. The noise from each cabinet shall comply with the City's noise regulations. Cabinets that exceed the maximum size specified within the Design Guidelines by no more than 20 percent may be administratively approved by the Community Development Director in conjunction with a Master Plan/Design Review and Minor Adjustment or Administrative Variance process in accordance with TCC Section 9299 if substantial evidence indicates that no other technologically feasible alternative exists. 10 14 15 16 i7 2o 23 24 25 26 27 Ordinance No. 1213 Page 4 of 5 7264 APPEALS Appeals of the Director's decision may be taken and heard in accordance with Section 9272f, Design Review Appeals, of th'e Tustin City Code. 7265 TERM/ABANDONMENT' (a) An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than five (5) days after the discontinuation of use. · (b) Cabinets 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. Ali affected area shall be restored to its original condition at the operator expense. (c) The Design RevieTM approval shall be reviewed by the Director of Community Development at the end of five (5) years from the date of approval. The Director may require additional conditions or modification to the existing conditions or cabinets as part of such review to protect the public health, safety and general welfare. (d) The Design Review approval shall remain valid for the term of the encroachment permit or franchise agreement, if the permit or franchise agreement is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the permit or franchise agreement, ali cabinets shall be removed from the City's public right-of.way. Section 3. SEVERABILITY All of the provision of this ordinance shall be construed together to accomplish th~ 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. 29 10 12 14 2O 24 25 26 "7 29 Ordinance No. 1213 Page 5 of 5 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 5th day of April, 1999. Tom Saltarelli, Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CiTY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1213 PAMELA STOKER, City Clerk and ex-officio of the City Council of the City of Tustin, California, does hereby ce.rtify that the whole number of the members of the City Council if five; that the above and foregoing ordinance No. 1213 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on 5th day of April, 1999 and was given its second reading, passed and adopted at a. regular meeting of the City Council held on the ! 9t" of April, 1999 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk Planning Commission I~ .,[es March 8, 1999 Page 5 s Bobak, Deputy City Attorney, stated she believed that the Commission is adopting s definition of closed, meaning 'doors are closed with no patrons on the premises. Larry. h, applicant, stated that, at the prior Commission meeting, he understood that patrons 'd be allowed to fihish their meal which is not indicate~l in the resolution. Commissioner ontious indicated that she believed ABC's emphasis was on actual consumption of ~hol. Karen Peterson indic d that Bill Wong of ABC stated that while the ABC does apply these conditions, there ~ome flexibility in their enforcement and they recognize some time is needed to close an( serving patrons. Larry Smith, applicant, stated there are drinks on the table, he if ABC conditions state that closing is 11:00 p.m. and )e cited. Commissioner Davert indicated that ~urs should remain the same with the intent that there will be no new patrons after closing e. Lois Bobak indicated that it is important suggested that the Commission add a condition or 45 minutes before the closing time or add a doors are closed. ut an outside limit on the hours and requires the. doors be closed ½ hour onto the closing time after the Commissioner Davert recommended that the after the closing hours. a deadline of 30 minutes Commissioner Kozak suggested language for Condition 2.4 indic premises 30 minutes after the closing time. g no patrons on the Resolution No. 3655 was changed as follows: Condition 2.4 addition of s, "No new patrons shall be admitted after the closing hours and patrons sh premises within thirty (30) minutes after closing time." ;rice to read: vacate the Commissioner Davert moved, Commissioner Kozak seconded, to adopt ion No. 3655 approving Conditional Use Permit 98-029, as revised. Motion carried 4. PUBLIC HEARINGS: 3. Above Ground Cabinets Design Guidelines 'and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to reduce the potential for negative environmental Planning Commission Min,~ ~.¢ March 8, 1999 Page 6 impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. The Public Hearing opened at 7:31 p.m. Justina Willkom presented the subject report and described five changes made to the resolution. Commissioner Kozak stated that the guidelines are a great idea and voiced his concerns regarding property owner notification; new boxes in residential communities; graffiti cleanup; allowable heights of cabinets; and, use of a master Plan. Karen Peterson responded that staff's intent was to create guidelines to guide staff through any future master plans that might come forward. There are no master plans in house for review at this time. Chairperson Pontious asked if the master plans would come through the. Commission at any time or just through the administrator. Karen Peterson replied that master plans would be processed through the Community Development Director through the design review process. She continued to address Commissioner Kozak's comments as follows: the guidelines'are intended to apply to new cabinets only; staff can look at establishing different heights for different areas to be more sensitive to residential properties; staff can add a condition regarding graffiti removal and enforcement costs; and notices to adjacent homeowners could be a courtesy notice. Commissioner Kozak stated that if these facilities are allowed in the public right-of-way, at minimum, the property owner should have the opportunity for input. Reed Royalty. Pacific Bell consultant, asked the following questions: · Would the guidelines apply to the phone company? · Would the guidelines apply to the cabinet if less than the 3'x3'x5' standard? · Would the size restriction apply to the volume of the cabinet or the individual dimensions? Would the twenty (20) percent variation apply to each dimension of the cabinet? Are there any fees involved? Would the guidelines apply only to cabinets in the public right-of-way or also to cabinets on private property? Planning Commission k,,.. . ,, [es March 8, 1999 Page 7 He further noted that painting the cabinets would void the warranty and noted that the lightspan cabinets used by the phone company are slightly larger than the maximum but save lots of little boxes and trenching through streets. Chairperson Pontious stated that perhaps testimony should be received and staff can respond and clarify issues. Commissioner Kozak inquired if the guidelines were an urgency matter. Karen Peterson replied that the guidelines are not an urgency matter. Mark Stucky, Cox CommUnications, noted that the guidelines seem to apply to cabinets larger than 3x3x5 while the resolution seems to set a maximum size of 3x3x5 but does not address how installations are treated below that size and requested a continuance and workshop. Klm Barone, Southern California Edison, reiterated Cox's and Pacific Bell's comments and asked if the guidelines apply to utilities that are regulated by Public UtilitieS Commission (PUC) and supports the idea of a workshop. Chairperson Pontious stated that having some technical input at the workshop would be helpful and asked if there are any legal issues on the exclusion or inclusion of utilities under the PUC. Lois Bobak, Deputy City Attorney, stated She is not. aware of any legal issues on the exclusion or inclusion of utilities under the PUC but stated that she would be happy to look at any information the utilities can provide the City Attorney's office related to their belief of being exempt from design criteria for facilities located within a public right-of-way. Commissioner Davert stated his concern that the PUC may regulate cabinet size, appearance, dimensions, etc. Commissioner Kozak stated that perhaps the providers could bring forth information related to their experience with other communities.. John Higgins, Peppertree Homeowners Association, stated his concerns about Cox Communications installing boxes without permits in his front yard; suggested that the terms be decreased to one year for review; design review process should include the association; adjacent property owner's input; and, liability issues. Commissioner Davert stated that he did not wish to have a public hearing for every cabinet to be installed. Planning Commission Min~ March 8, 1999 Page 8 Chairperson Pontious stated that she would like to see the design guidelines apply to all sizes and volume as opposed to 3x3x5. Commissioner DaVert stated that the guidelines presented tonight are a good starting point and more dialogue and technical information wOuld be helpful. Chairperson Pontious asked staff to meet with the people speaking at the meeting tonight. Commissioner Davert noted that the City Attorney recommended that the Commission have input too and suggested staff be given time to work with the issue and come back with a proposal. Commissioner Browne moved. Commissioner Davert seconded, to continue the hearing to a date uncertain to allow staff the opportunity to meet with interested utilities. Motion carried 4-0. GULAR BUSINESS: )NCERNS: 4. · Re Karen Peterson, )ns taken at the March 1, 1999 City Council Meetinq enior Planner reported on the subject agenda. COMMISSION CONCERNS: Commissioner Davert Noted that a tent has been u Amaganset and asked code enf¢ r months in the driveway at 17531 staff to investigate. log Commissioner Kozak - Noted that the fence is broken around the trash Pawn Shop in the E! Camino Plaza and building mater there. Noted that the trash bin at The Bam restaurant is ov~ unsightly. at Marcella's being stored nd is ATTACHMENT B LETTERS DATED APRIL 22, 1999, A~Nq) APRIL 23, 1999 SOUI'HEI~N CALIFORNIA EDISON \n I.'1}15{~\ 1\'77R\ 11'10\ I1.'" Compan.~ April 22, 1999 Klm Barone Schcrer Rc_eion Mana~,er Public Affairs Ms. Justina Willkom Associate Planner Community Development Block Grant City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Justina: . . On behalf of Southern California Edison (SCE), I would like to thank the City of Tustin for the opportunity to provide input on the proposed Above Ground Cabinet Guideline and Ordinance. Per our meeting with city staff on March 31, we understand that the CiD' has concerns regarding the size, location and visual impacts regarding the Placement of utility, cabinets in the public right-of-way. Additionally, we understand that large programs are a concern since they require the placement of many cabinets. Programs such as retrofits or rebuilds of systems, as well as new companies wishing to place these cabinets need guidelines. SCE wishes to maintain our positive relationship and parmership with the City.of Tustin. It is our desire to help the City.' accomplish its goals, and at the same time. continue to provide service to our customers v,,ithin the community, in the most efficient and timely mamqer. The proposed ordinance and resolution, as outlined, ~vould be extremely restrictive on our current manufacture and safety, requirements. Issues of heat dissipation for equipment, safe~, of the public and workers were not addressed in your proposal. As requested, we would like to offer our suggestions and amendments to the proposals. We believe the current encroachment permit process would accomplish the review process the city staff needs. Companies wishing to place above ground cabinets could submit them to the City for f'u'st time approval and/or a pre-approval for use. The franchised utilities, such as SCE, would prefer to have all of their cabinets pre-approved and on file with the City. This would include all cabinets currently within your city.jurisdicti0n and serving our mutual customers. We believe our existing cabinets could be pre-approved, or in the future any new cabinets meeting the same size dimensions could be approved upon subrrfirtal to City. staff. I have enclosed a copy of your proposed Above Ground Cabinet Guidelines with our comments and suggestions. Once again, we appreciate the positive working relationship between SCE and the City of Tustin. Thank you for the opportunity to meet with you and comment on this important matter. Please feel free to contact me should you have any questions or require additional information. Sincerely, Enclosure Tim Serlet, Director, Public Works Dept. Karen Peterso/~, Acting Senior Planner, Community Development Dept. Doug Anderson, Transportation Engineer, Public Works Dept. Larry Todd, Southern California Edison 1325 S. Grand Ave. Santa Aha. CA 92705 714--975-5548 Fax 7 I-;-~73-5752 baronekO, s:e.corn Resolution 3652 Exhibit A Page 1 'Above Ground Cabinet Guidelines SECTION 1' Purpose and Intent 1.1 The purpose of these g-uidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of pUbli ight '~ ~'-'~ .... "' "~'-~'; ..... for the c r -of-way ~ , ..... ~ .... , .............. i ~ ~ o .... o, pre-approval or Design Review of above ground cabinets. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. SECTION 2: Location 2.1 When locating above ground cabinets, the following must be considered in order of preference: A. Where possible, cabinets located in close proximiw to prominent o'r sensitive locations should be installed underground. B. Where possible, cabinets should be located in adjacent to non- residential properties; or, C. Whe)e possible, cabinets should be located adjacent to sides or rear yards of residential properties, preferably on major streets; or. D. Cabinets located I parkway areas should be located as far as possible from the curb line and matching other cabinets placements in an area which gives t. he best opportunity for screening. If necessary, the installing entity shall relocate the sidewalk and transition to match the existing sidewalk. (Comrnen~: SCE requests clarification regarding this item2 Current standards for alt utility cabinets are one foot from the face of the curb~ consistent in alignment with other public facilities, including fire hydrants, street lights, and traffic control boxes.) 2.2 Cabinets shall be located to satisfy line of sight requirements at any intersections and dr/veways. 2.3 Where on-su-eet parking is not restricted adjacent to the proposed cabinet, the cabinet shall not hinder opening of vehicular doors, where possible. 2.4 Disabled access along public sidewalks shall be maintained adjacent to all service cabinets (i.e. 'minimum of 4 to 4.5 feet clear sidewalk). Resolution 3652 '.~ Exhibit A '-' Page 2 2.5 Cabinets shall not interfere with any existing or proposed improvement projects. SECTION 3: Size (Comment: $CE suggests elimination of this sectioru Cabinet size is determined by manufacturer requirements, temperature and safety considerations for workers. For SPecifications please reference $CE Underground Structures Book provided with this response.) . Except as provided in Tustin City Code Section 7263, no cabinets shall exceed five (5) feet in height, three (3) feet in depth, and three (3) feet in width, exclusive of meter panels of pedestals, with the exception of traffic signal control cabinets. 3.2. · Cabinets that exceed the maximum size specified within the Design Guidelin&s by no more than 20 percent may be administratively approved , ~'~ Administrator in conjunction by the Co:r. muni~' D~-~ with a Master Plan/Design Review and Minor Adjustment or Administrative Variance process in accordance wir_h TCC Section 9299 if substantial evidence indicates that no other technologically feasible alternative exists. SECTION 4: Screening (Comrnen~' $CE does not provide screening on customer owned facilities. It is the Customer's responsibility to meet ail ~equirements and to maintain the screer~ $CE recommends only drought tolerant landscaping be placed around electric facilities. 'Extensive watering and sprinkler systems can be hazardous to electric facilities.) 4.1 Cabinets shall be enclosed and screened to match or complement existing fencing, screening, other utili~' cabinets (if present) and/or landscaping. The use of matching paint,' texm_ring, faux finishing, and actual matching building and landscaping mater/als shall be used, where the manufacturer can accommodate with safety and temperature considerations. 4.2 Cabinets shall be constructed and treated with appropriate materials which discourage or repel graffiti, or as approved by the Director of Public Worlm. Resolution 3652 ~tx Exhibit A -' Page 3 4.3 Any removal of landscaping to install the above ground cabinet shall be replaced with landscaping materials similar in number and ~'pe~ · · 4.4 The use of crash post is discouraged. However, if shown as necessao', the exterior finish of crash post should be given a screening treatment which matches of complements the screening for the structure. 4.5 All access openings shall be placed to face away from street frontages, except traffic signal control cabinets. (Comment: Cabinet openings must have an eight foot clearance for high voltage facilities and a 3'x3' clear working space on tow vo ttage facilities.) Cabinets shall include the phone number for a responsible person at the communication company. Said signage shall be oriented away from the street frontage.-The size of this information should be a maximum of five ($) percent of the cabinet facade. (Comment: $CE does not place a phone number and contact name on its facilities. All $CE facitities are clearly marked with standard reflective structure numbers. Emergency telephone nurabers are given to government and emergency l~ersonnet on a regular basis. 4.7 All screening devices shall be installed and maintained by the communication cOmpany subject to inspection by City. staff. ~8 The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). SECTION 5' Noise Standard 5.1 The noise emanating from the above ground cabinets shall meet the City's adopted Noise standards. SECTION 6: Abandonment 6.1 An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the or>erator shall notify the City of Tustin in '..::.-. ~t2ng ,-" ~--~ +~'~-' ~"e '=~ 4ays after the discontinuat/on of use. Resolution 3652 Exhibit A Page 4 6.2 Cabinets that are no longer being used shall be removed promptly no later than ninety (90) days after the discor~tinuation of use. Such removal shall be in accordance with proper health and safe~' requirements. All affected area shall be restored to its original condition at the operator expense. (Comment: Current standard requirements provide for the removal of electric facilities if no future service is ptanned from that particular cabinet.} 6.3. 6.4 The Design Review approval shall remain valid for the term of the encroachment permit or franchise agreement. If the permit or franchise agreement is extended or terminated,' notice and evidence thereof shall be provided to the Cc~..-'..uni~'~.~.~.--~.-~r~ .... ~ ..... + ~.. ~..~.r~;~*~ Administrator. Upon termination or expiration of the permit or franchise agreement, all cabinets shall be removed from the City's public right-of-way. ::.n E. S~ralman, Jr. :~tnal Af~air~ 17310 Red Hill Avenue Irvine, California 92614 (949) 440-6638 Oflice ((949) 250-0515 Fax April 23, 1999 Ms. Justina Willkom Associate Planner City of Tustin · 300 Centennial Way Tustin, CA 92780 :70 PACIFIC ~r,~ B ELL® De~Ms. Willkom: I would like to thank both you and the City of Tustin on behalf of Pacific Bell for giving us the opportunity to discuss issues surrounding above ground cabinets. Pacific Bell understands that when placing above ~ound cabinets, issues such as size, location, and aesthetics are each important. We also understand that the placement of large numbers of cabinets in a small geographical area is a concern to both the city and its citizenry. As both concerned business panners and corporate citizens of the City of Tustin, the opporumity allowed to assist staff'in accomplishing their goal ora uniform set of above ground cabinet guidelines is an serious one. By doing so, it assists Pacific Bell in accomplishing its objectives, which are to provide the best telecommunication service quality available to your valued residents. It v,~s stressed by the Utility Representatives that attended both the Planning Commission meeting, and the Utility/City meeting, that should the Ordinance and the Resolution as otalined pass, it would be too restrictive on current manufacture and safety requirements. As a result, during the meeting of March 31, the suggestion was made that the ordinance submitted by the City of Tustin be altered to reflect the changes and suggestions needed by the utilities that utilize the above ground cabinets. One avenue would be to change the ordinance into a policy document. By doing so, the new policy could be made available at the time of permitting. Additionally, pre-approving and filing all above ground cabinet specifications into a notebook, with only special cabinets' needing individual approval, would expedite the approval process, allowing utilities the ability to provide the City of Tustin with the best service possible. Thank you for your assistance and continued support with this matter. As a franchise utility, we do not feel that an ordinance is needed and appropriate to accomplish the City's goal. Please feel free to contact me should you have any concerns. Sincerely, Attachment . cc: Tim Serlet, Director, Public Works/City Engineer Karen Peterson, Acting City Planner Doug Anderson, Transpomfion Engineer Resolution 3652 Exhibit A Page 1 Above Ground Cabinet Guidelines SECTION 1: Purpose and Intent 1.1 The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way_ ~-~ ;-~--' .... ~ r~;~.~,~ ~o ~ ....... ~. ..................... !.., and to prOvide for for pre-approval or _clDesign [Review of above ground cabinets. ' These guidelines are intended to reduce ihe-potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. SECTION 2: Location 2.1 2.2 2.3 When locating above ground cabinets, the following must be considered in order of preference: Whenever possible:[technicaLly feasible], cabinets located in close' Proximity to prominent or sensitive locations should be installed underground. B. Whenever possible [technically feasible], cabinets should be located adjacent to non-residential properties; or, C. Whenever possible, cabinets should be located adjacent to side or rear yards of residential properties, [preferably on major streets (separate section); or. D.'~i!i:..--...'fiCabinets'located in parkway areas should be located as far as possible from the curb line and matching Other cabinets~-and in an area which gives the best opportunity for screening. If necessary, the installing entity shall relocate the sidewalk and transition to match the existing sidewalk:. {Comment: Pacific Belt requests clariJ~cation regarding this iterm Current standards for alt utility cabinets are one foot from the face of the curb, consistent in alignment with other public facilities~ including ~re hydrants, street lights and trafJ~c control boxes.) Cabinets shall be located in such a way as to satisfy line of sight requirements at any intersections and driveways. Where on-street parking is not restricted adjacent to the proposed cabinet, the cabinet shall not hinder opening of vehicular doors, whenever possible. Resolution 3652 Exhibit A Page 2 2.4 Disabled access along public sidewalks shall be maintained adjacent to all service cabinets (i.e. minimum of 4-to 4.5 feet clear sidewalk). 2.5 Cabinets shall not interfere with any existing or proposed-improvement projects. SECTION 3: Size (Comment: Pacific Belt-suggests elimination of this section. Cabinet size is determined by manufacturer requirements, temperature and safety considerations for workers.) 3.1 Except as provided in Tustin City Code Section 7263, no cabinets shall exceed five (5) feet in height, three (3) feet in depth, and three (3) feet in width, exclusive of meter panels of pedestals, with the exception of traffic signal control cabinets. 3.2. SECTION 4: Screening (Comment: Pacific Bell does not provide screening on customer owned faciti, ties. It is the customer's responsibility to meet ail requirements and to maintain the screen. Pacific l~elt recommends only drought tolerant landscaping be placed around electric facilities. Extensive watering and Slmrinkler systems can be hazardous to facilities.) .4... 1..2L Cabinets shall be enclosed and screened to match or complement ex/sting fencing, screening, other utility cabinets {ff present) and/or landscaping. The use of matching paint, texturing, faux finishing, and actual matching building and landscaping materials shall be used, provided that such materials are consistent with manufacturer safety and temperature requirements.. Resolution 3652 "' Exhibit A Page 3 4.2 Cabinets shall be constructed and treated with appropriate materials which discourage or repel graffiti,_or as approved by the Director of Public Work:s. 4.3 Any removal of landscaping to install the above ground cabinet shall be replaced with landscaping materials similar in number and type,--si-z-e-~ . 4.4 4.5 The use of crash post is discouraged. However, if shown as necessary, the exterior finish of crash post should be given a screening treatment which matches or complements the screening for the structure. · All access openings shall ~.o~ ..~A,.,..~.~ to face away from street frontages, except traffic signal control cabinets._(Pacifi¢ Bell has cabinets that open from the front.and the. back.). . · (Comment: Cabinet openings must have an eight foot clearance for high voltage facilities and a 3'x3' clear working space on tow vo Itage facilities.) 4.6 (Comment: Paci~c Belt does not place a phone number and contact name on its facilities. All Pacific Bell facilities are clearly marked with standard reflective structure numbers. Emergency telephone numbers are given to government and emergency personnel on a regular basis. 4.7 All screening devices shall be installed and maintained by the communication company subject to inspection by City staff. 4.8 The above ground Cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). SECTION 5: Noise Standard 5.1 The noise emanating from the above ground cabinets shall meet the City's adopted Noise standards. SECTION 6: Abandonment Resolution 3652 Exhibit A Page 4 6.1 6.2 6.3 An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the city of Tustin in writing no later than thirtYl (3'0) fi-~{~)-days after the discontinuation of use. Cabinets that are no longer being used shall be removed promptly no later than ninety (90) da~s after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. All affected area shall be restored to its original condition at the operator expense. {COmment: Current standard requirements provide for the removal of electric facilities if no future service is planned from that particular cabinet.} ~ 6.4 The Design Review approval shall remain valid for the term of the encroachment permit or franchise agreement. If the permit or franchise agreement is extended or terminated, notice and evidence thereof shall be provided to the r, ...... ;~., r~ .... , ..... . r~;.~+,~ ........... ~J ....... v ...... ~ ........ Administrator. Upon termination or expiration of the permit or franchise agreement, all cabinets shall be removed from the. City's public right-of-way. .. (Pacific Bell as you may know, does not have or need City franchise agreements because of our state franchise agreement. The term of an encroachment permit is indefinite) MedieOne ' ' 550 N. Continental 81vd. Suite 250 · El Segundo. CA 90245 Phone 310 64Z3000 April 23, 1999 MediaOne This is Broadband. This is the way. Ms. Leslie Pontius, Chair City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 RE: Above Ground Cabinets Design Guidelines and Oridnance Dear Commissioner Pontius: Thank vou for the opportunity to comment on the proposed city ordinance regarding Above Ground Cabinets Design Guidelines. MediaOne shares the ci~"s concern regarding the potential impact for the safety and welfare for the residents of Tustin. We also understand the City's concern regarding the maintaining of the aesthetic quality, of . the public riohts-of-wav. As part of MediaOne's rebuild efforts to upgrade its systems throughout the United States, MediaOne has worked closely with other cities and communities regarding this very same issue. Although the concerns for each city may be different, the issue is basically the same. As a result of MediaOne's experience with other communities, MediaOne fully appreciates the City's desire to maintain a set of guidelines or procedures that allow the city to control the right-of-way, yet is fair to companies who have federal or state rights to a'ccess the public's right-of-way. MediaOne agrees with the position that was expressed by the utility and telecommunication companies that participated in the March 31, 1999 Workshop conducted by the City's Community Development Department. MediaOne supports a policy that would allow staff to adopt reasonable guidelines that allow for non- discriminatory access to the public right-of-way. A policy that is controlled by City staff to immediately address a specific situation would allow for changes in technology and deployment to be taken into consideration. As was suggested at the Workshop. these guidelines or policy could include a list of pre- approved cabinets based on size and technical needs that a new entrant could choose from. Given the diversity of companies that require access to the public right-of-way, several lists could be adopted for each type of utility or telecommunications company. A list of pre-approved screening options could also be part of the policy that would allow companies to choose which option best applies to a specific situation. & Commissioner Leslie Pontius, Chair April 23, 1999 Page 2 As was expressed by the other industry participants at the Workshop, MediaOne is concerned that an ordinance that is enacted may not be able to address every situation that arises for implementing, mitigation needs that are fair to all entrants into the public right-of-way. As was further stated in the meeting, the City may be headed down a "slippery slope" of unintended and unforeseen consequences that result in trying to catch all situations under one ordinance. Technical and legal issues in this arena are very complicated and may not fit nicely into a single ordinance that is fair to all. The technology for utility, and telecommunications deployment is rapidly changing and the well intentioned attempt to control today's issues maybe not apply to tomorrow's needs. MediaOne looks forward to continuing to work w.-ith the City ofTustin staff regarding this important issue and MediaOne appreciates the time and effort that cie' staff has already spent on dealing with this very complicated issue. Thank you again for the opportunity to comment and if you have any questions or need additional information please do not hesitate to call me at (310) 647-6682. Sincerely, Stephen D. Sawyer Director, Infrastructure Affairs Cci Ms. Karen Peterson, Acting Senior Planner, City of Tustin Ms. Justina Willkom, Associate Planner, City of Tustin Ms. Suzanne E. Curtis, Corporate Counsel, MediaOne ATTACHMENT C SUGGESTED ADDITIONS/DELETIONS BY UTILITY PROVIDERS COMMENTS RECEIVED JUNE 7, 1999 ABOVE GROUND CABINET DESIGN GUIDELINES SECTION 1: PURPOSE AND INTENT The purpose of these guidelines is to,,,,r ,,-,,,.,,,:"'" ~ .... , r~.-a:,.,,,~.,,~,,.,. ..... ~'13_ ~,,,~*"~ regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public fight- of-way. These guidelines are intended to protect the health, safety and/or welfare of the citizens of Tustin by reducing the potential for negative environmental impacts of above ~ound cabinets on the con'um~ty. SECTION 2: APPLICABILITY Installation of new and replacement above gound cabinets in the public right-of-way, except those exempted as by r~.-.~ :,_, , ,.,,,,,,,,. ,. ..... ~,_" 1 .~, are re~ulated~ by these ~.~uidelines- SECTION 3' PROCESS Installation of replacement cabinets may be approved in conjunction with issuance of an Encroachment Permit provided either: The replacement cabinet is substantially the same size or smaller than, as determined by the Public Works Department, C0~Uni{Y De-velopment Director the existing cabinet; or, Specifications for the replacement or new cabinet have been accepted by the City's Public Works and Community Development Departments as "Exempt" from these guidelines. Utility providers may su.b..rr~i..'t specifications for cabinets that may be used to replace existing cabinets or.new, cabinets for review and approval by the Commun/ty Development and Public Works Departments. Upon acceptance, the specifications will be listed in the City's "Exempt Above Ground Cabinets". b. Installation otz a replacement cabinet that is substantially ~2.-0%) larger than the existing abi t, .;,~.....:..~.; ;.., ,;.,. r- ...... ;,,. r, .... ~ ..... , r~;.-~.,,.., requires Design ~eview prior to issuance o£an Encroachment Permit. Co Installation of new cabinets requ.'.n'e.s.. D..esi~mq_. Review prior to issuance Encroachment Permit, '-fim. l~_'.~.~-~i-p/e~appr.0v.e_d__b, y the ?ti_~_fi.~ W-9~-k~ of an ATTACHMENT C SOUTHERN CALIFORNIA £DISO3,¥PA CIFIC BELL ADDITIONS/DELETIONS Above Ground Cabinet Page 2 .Juidelines SECTION 4: DESIGN REVIEW GUIDELINES Section 4.1 Location Whenever feasible, cabinets should be installed under~ound. If it id~1~11 ~-,,1-,,-~,~+ 1~,++,-,.-,-,~' · .... 1,,.,-,,-,+;,-,,., ,. ~ ,., ,, ,- ,4 .; ,., ,-, +1.,,-, 1~ ,-, ,-,4 ,-.1-, .; ,-, ,,,.,..,.,,,.;,-,+~,4 ,.,-;+1-, ,.-,.,- ;,., *"~,,,., ,-..;1-,.;1.1,, - ,-,*" ,,,.,,4 ........ ,4 b. When under~ound installation is not feasible, .the following order of preference shall be considered for above gound installation of cabinets of any size: Cabinets 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 cabinet. . Cabinets 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 cabinet. . Cabinets should be located as closely as possible to the shared property line between the front yards of residential properties where no sight distance from driveways would be obstructed. C. Consideration shall be given to the number of existing cabinets within a particular area and over concentration 'of cabinets shall be avoided. Over concentration is defined as more than one (1) cabinet installed adjacent to one property. If a sufficient distance separation is not technologically feasible: 1. Cabinets shall be located as close as possible to existing cabinets; and, do Cabinets located in parkway areas should be located as far as possible from the curb line to provide the best oppommity for screening. e. Cabinets shall not: o o Obstruct line of sight requirements at intersections or driveways. Obstruct or hinder operJng cf ye.h/tlc ~o~r: fire hydrants, street lights, mail boxes, traffic control signals. Obstruct disabled access along public sidewal'ks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained. Above Ground Cabinet D, Page 3 · Guidelines , Section 4.2 Interfere with any existing or proposed improvement projects. Size ao The height of cabinets may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas adjacent to the front, side, or rear yards of residential properties ~.~.~--s~:iS~-.'.~p~d_ u e. . . bo The size of cabinets 'located in non-residential areas will be considered on a case-by-case Section 4.3 Screening In residentially zoned areas, cabinets shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching cabinet color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations, unleks pre-approved by the Public Works. D_ep~ent. 'b. The use of crash posts is discouraged. However, if shown to be necessary, the exterior fin/sh of the crash post should be painted the color of the c. abinet. c. Access openings shall face away from street frontages, whenever feasible. d, SECTION 5: STANDARD CONDITIONS OF APPROVAL ao Noise emanating from an above ground cabinet shall not exceed the City's adopted Noise Ordinance standards. b, The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). cabinets shall be constructed or treated with appropriate materials which discourage or repel graffiti and the utility provider shall be responsible for removing graffiti from cabinets within 48 hours. Utility providers shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. Any removal of landscaping necessary to install the above ground cabinet shall be replaced with landscaping materials similar in number, type, and size,.~ · Above Ground Cabinet De~<. ~3uidelines ~ Page 4 ho jo The utility provider or cabinet 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 cabinets. Cabinets 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 operator's expense. The Desig-n Review approval shall be reviewed by the Director of Community Development at the end of five (5) years from the date of approval. The Director may require additional conditions or modifications to the cabinets as part of such review to protect the public health, safety and general welfare. If the permit or franchise a~eement is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the permit or franchise a~eement or if use of cabinets are discontinued, all cabinets shall be removed from the City's public right-of-way. Prior to installation on private property, the utility provider shall notify the property fp owmer o ending construction p be ~ngtalled prior to the st~ of construction ~d the estimated sta~ and ending dates of cons~ction. Justin~.;¢urrent planning;cabinetguidelines5-99-revised2.doc ATTACHMENT D SUGGESTED ADDITIONS/DELETIONS BY UTILITY PROVIDERS COMMENTS RECEIVED AUGUST 9, 1999 SOU fltEILN CALIFORNIA EDISON ..\r, £DI50.\' I.\'7'ER%17'IOY,'4L'" ComF~ny Klm Baronc Schcrcr Region Manager Public Al'lab's August 9, 1999 Mr. Bill Huston, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Mr. Huston: Once again, on behalf of Southern California Edisofl (SCE), thank you for meeting with us to discuss our concerns regarding the proposed Above Ground Cabinets Design. Guidelines and Ordinance. We also appreciate the willing-ness of your staff, particularly Elizabeth Binsack and Tim Serlet, to work with us on this important issue. Per your request, this letter will serve as our comments regarding the latest draft proposal. As discussed in our meeting, we continue to seek an exemption for current and new cabinets from the proposed ordinance unless Southern California Edison needs to place a cabinet which is significantly larger or different than those currently used. We believe we Eave provided sufficient examples from other cities ~anting exemptions on similar ordinances. As you know, SCE already complies with existing City Encroachment permit processes. SCE would like to provide City staffwith a list and description of current, use cabinets for pre-approval and exemption from the ordinance requirements. Further, we continue to have concerns re~arding some of the proposed guidelines: Section a. 1 a - Southern Califomia Edison is responsible for making a decision regarding an above ~ound cabinet versus under~ound vault. The liability is also ours should there be a problem. The decision is based on operational and safety requirements. SCE requests exemption from the individual written notification mandate. _ . Section 4.1 c - appears to preclude joint trenching projects where more than one utility shares a trench since "over concentration is defined as one cabinet installed adjacent to the same side of a property." Section zt. ] c2 also appears to be unnecessary where joint trenching is the approved best practices approach. We have previously submitted comments regarding our concerns with the graffiti removal notice, screening criteria, and adjacent property owner notifica_tion guidelines. 1525 S. Or=nd Ave. Santa Arm. CA 92705 71 ';-973-55'~ Fax 71.-;-S75-5752 ba."onck@sc::.zom We believe that we have an excellent working relationship with the City of Tustin and it is our desire and commitment to continue to strive for this goal relating to all aspects of our operations and services to the City and the community at large. It is always SCE's goal to be responsive to the needs and desires of the City whenever possible. We understand your desire to keep the community aesthetically beautiful and safe. SCE wisties to continue to be a part of the solution rather than the problem. We believe that an exemption from this proposed ordinance will not cause further negative results, since we will continue to guarantee our work and compliance with the city encroachment permit process per our franchise agreement with the City of Tustin. Enclosed is our suggested amendments to the proposed resolution, ordinance and guidelines. If you have any questions regarding this, or any other related matter, please contact me at (714) 973-5548. Once again, thank you for the Opportunity to meet with you and discuss our concerns regarding this important matter. Sincerely, Klm Barone Scherer Reo_ion Manager Enclosure CC' Elizabeth Binsack, Director of Community Development Tim Serlet, Director of Public Works Karen Peterson~ Senior Planner " Larry. Todd, Southern California Edison RESOLUTION NO; 3652 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. 1213, RELATED TO DESIGN GUIDELINES FOR ABOVE GROUND CABINETS WITHIN THE PUBLIC RIGHT OF WAY. The planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows Ao That cable television companies servicing the City are expanding their services by adding high-speed digital telephone and data transmission (Intemet) services. That the upgrading will require installation of additional equipment such as above ground cabinets within the public right-of-way. Bo That cuirently no guidelines are'in place to regulate the location, screening, and safety of above ground cabinets in the public right-of way. Co That guidelines and deyelopment 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 cable television and internet services upgrade installations. I!. In approving the Above Ground Cabinet Design Guidelines, the Planning Commission finds and determines: Ao Bo That the guidelines provide standards that mitigate impacts typically associated with installation of new utility cabinets within the public right-of-way including measures to reduce the visual im. pact of above ground cabinets. . - That the guidelines require approval of a Master Plan/Design Review process which would ensure that new cabinets are developed in an ordedy manner with respect to location, size, and screening. Resolution 3652 Exhibit A Pa,.z,e" Co pub!jc utility ca[ainets'that serve the community today and_-That traffic signal control cabinets should be exempted from the guidelines since they are different in nature and function in that they provide for public safety and must 'be located in close proximity to traffic control devices. Do That the Director of Community Development should be authorized to approve, approve with conditions or deny the Master Plan Design .Review application. II!. The Planning Commission hereby.adopts the Above Ground Cabinet Design Guidelines to be followed when considering a Master Plan Design Review application for the installation, of above ground cabinets within the public right-of-way, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14= day of June, 1999.. LESLIE PONTIOUS Chairman ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CliFF OF TUSTIN ) i, ELIZABETH A. BINSACK, the undersigned, hereby certify that ! 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 14"' day of June, 1999. ELIZABETH A. BINSACK Planning Commission Secretary · ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING REGULATIONS FOR ABOVE GROUND CABINETS WITHIN THE CITY'S RIGHT OF WAY. The City Council of the City of Tustin does hereby ordains as follows: Section 1. FINDINGS The City Council of the City. of Tustin finds and determines as follows' Ac Currently there are no regulations and guidelines in place for the installation of above ground cabinets within the City's right of way. Bo The adoption of perm2, nent regulations and guidelines for above ground cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. Co D. Failure to implement above ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above ground cabinets being installed without controls needed to protect the public health, safety and community aesthetics. Traffic signal control cabinets and pub_liC~_-utility~c.abin_et_,s .used today are exempted since they are !.ntegr. al ~ in nature and function. The traffic signal control cabinets by nature must be located where traffic can' be controlled at intersections. , and public utilities comply with the city encroachment permit process. E. 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 Above Ground Cabinets within the City's Right of Way.. The City's ot~jective is to promote safety, aesthetics and land use compatibility between above ground cabinets and neighboring land uses. Above ground cabinets 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 cabinets are over concentrated in specific areas, or are close to Ordinance No. 1213 Page 26 of 5 intersections thus impacting motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design Review · allows the city to examine aesthetics issues by analyzing items such as height and bulk of the cabinets, colors, visibility, screening and relationship to adjacent structures, and design. o Screeninq Criteria and Guidelines. The City's objective is to promote and protect an aesthetic envir.onment by requiring 'the use of subdued colors, nor~-reflective' material a~d screening of the cabinet with landscape materials. o Site Selection Order of Preference. The City's objective is to promote and protect an aesthetic environment by requiring that above ground cabinet be located in areas that are the least obtrusive to the community. 4. Sian Restrictions. The City's objective is to promote aesthetics by restricting sign clutter. 5. Size Criteria. The City's objective is to promote aesthetics and safety. Reviewing L!miting the size of above ground cabinets will reduce the visual impact associated with traffio and pedestrian safety. o Removal Reauired for Abandoned Cabinets. The City's objective is to promote and pr~)tect an aesthetic and safe environment by requiring cabinets be removed within ninety (90) d~ys if they are not to be ~ used. Abandoned cabinets 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 cabinets. Eo That a public hearing was duly noticed, called and held on this Ordinance by the Planning Commission on June 14"', 1999. Section 2. Part 6 is hereby added to chapter 2 of Article 7 of the Tustin City Code to read as follows: PART 6 7260 DESIGN REVIEW OF ABOVE GROUND CABINETS PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain an aesthetically pleasing environment in the City's rights of way, including parkways and median islands, by regulating the Ordinance No. 1213 Page 26 of 5 ~". location, size, color and other aspects of above ground cabinets that e,",csed 3 cc~c,i,'-: size. Above ground cabinets have proliferated in the City's rights of way in recent years. Such cabinets house a variety of uses: some contain controls for traffic signals, others contain electronics and wiring for cable television and telecommunications; others contain power sources. The cabinets are painted a variety colors, come in varying-heights, and can be noisy. Most cabinets are not screened. The result is visual clutter: and increased noise along the City's right of way. Reasonable regulations for the height, location, color and other characteristics of such cabinets are necessary, to promote the health and aesthetic welfare of the people of Tustin. 7261 DESIGN REVIEW REQUIRED Except for City tra~c signal control cJabinets and oublic utility cabinets which are substantially the same size as exist today, no person shall locate a new above ground cabinet without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This Design Review applies to existing and future franchisees and any other person who wishes to locate replacement or new above-ground cabinet in the public right of way. The installation of replacement cabinets or new cabinets shall comply with the Above Ground Cabinet Design Guidelines described in Section 7263. Design review approval is required concurrent with or before an encroachment permit may be issued to permit installation of a cabinet. 7262 APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all cabinets to the Direct. or of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors of the cabinets, screening, and noise levels anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application. An exemption to this orovision are listed above in Section 7261. 7263 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 Above Ground Cabinet Design Guidelines adopted by resolution of the City Council. The Director may conditionally approve or deny the Plan. Amendments to a Plan shall be reviewed and approved by the Director concurrent with or prior to issuance of an encroachment permit. Cabinets must Ordinance No. 1213 ~ Page _a~3 of 5 '" be installed per the approved Plan. The noise from each cabinet shall comply with the City's noise regulations. Cabinets that exceed the maximum sizb specified in ,Section 7263 may be administratively approved by the Director in compliance with the Design Review or Minor Adjustment/Administrative Variance process (in Tustin City Code Section 9272) if substantial evidence indicates that no other technologicallY feasible alternative exists. Ordinance No. 1213 [ Page 26 of_q 7264 APPEALS Appeals of the Director's decisions may be taken and heard in accordance with Section 9272(0, Design Review Appeals, of the Tustin City Code. 7265 TERM/ABANDONMENT (a) An above ground cabinet is considered abandoned if it no longer provides service. If th$ use of the cabinet 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. (b) Cabinets 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 cabinet owner's expense. (c) The Design Review approval shall remain valid for the term of the franchi,se agreement or as long as the encroachment permit is valid. If the franchise agreement or encroachment permit is terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the franchise agreement or encroachment permit (note - covered in (b) above) all cabinets shall be removed from the City's 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. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the day of ,1999. Tracy Wills Worley, Mayor Pamela Stoker Ordinance No. 1213 Page fi6 of 5 City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1213 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 if five; that the above and foregoing ordinance. No. 1213 was duly and regularly introduced at a regular meeting of the Tustin City Council, held - on day of , 1999 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the of ~, 1999 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk ABOVE GROUND CABINET DESIGN GUIDELINES SECTION 1: PURPOSE PdND INTENT The purpose of these guidelines is to implement Part 6 of Chapter 2 of Article 7 of the Tustin City Code (Ordinance 1213) and regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public fight-of-way. These auidelines are intended to protect the health, safety and/or xvelfare of the citizens of-fustin by reducing the potential for negative .environmental impacts of above wound cabinets on the community. SECTION 2: APPLICABILITY The installation of new and replacement above gound cabinets in the City right-of-way; except those exempted by Part 6 of Chapter 2 of,ad-ticle 7 of the Tustin City Code, are regulated by these guidelines. SECTION 3: PROCESS [ .~Vew or Replacement Cabinets that are the Same Size as Existing Cabinets !nsrallarion of ~ cabinets may be approved in conjunction with issuance of an EncrOachment Permit provided the -'~--~..~.,~.,..,~.,,*~ cabinet is the same size or smaller than the existing cabinet and the cabinet complies with the height requirements set forth in Section 4.2 herein.' New or Replacement Cabinets that are Larger than Existing Cabinets bo Installation of new cabinets or replacement cabinets that are larger than the existing cabinets may be approved in conjunction with issuance of a concurrent Encroachment Permit/'Design Review application provided the each the following requirements are met: o o No cabinet may be located adjacent to a front yard area of a residentially zoned or used property. The cabinet complies with the height requirements set forth in Section 4.2 herein. No cabinet may be located in an area that obstructs line of sight at an intersection, driveway, or alley. New or Replacement Cabinezs that Cannot Comply with Requirements for Concurrent Encroachment Permit/Design Review [Section 3(72).] Above Ground Cabinet De Guidelines Page 24 C. do Installation of replacement cabinets that are larger than the existing cabinet and cannot comply v:ith the requirements for a concurrent Enc,roachrnent PermitrDesign Review [Section 3(b)] require Design Review prior to issuance of Encroachment Permits. Installation of new cabinets that cannot comply with the requirements for a concurrent EncroacN'nent Permit/Design Review' [Section 3(b)] require Design Review prior to issuance of Encroackrnint Permits. SECTION 4- DESIGN REVIEW CRITERIA Location, size, and screening of proposed cabinets will be considered by the Communi~' · Development Department in accordance with the following criteria: Section 4.1 Location 'v~,qaenever feasible, cabinets should be installed underground. If it is not technologicaI!v feasible to install a cabinet undergound, the utility provider shall submit a letter of explanation regarding the hardship associated with or infeasibility of under~ound installation. bo C° .W'hen underground installation is not feasible, the following order of preference shall be considered for above gound installation of cabinets of any size: Cabinets should be located adjacent to non-residential properties in an area where no modification to the existing r/ght-of-way would be required and existing landscaping is present to screen the cabinet. Cabinets 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 cabinet. o Cabinets should be located as closely as possible to the shared property line between the front yards of residential properties where no sight distance from driveways would be obstructed. Consideration shall be given to the number of existing cabinets Within a particular area and overconcentration of cabinets shall be avoided. Overconcentration is defined as more than one (1) cabinet installed adjacent.to the same side of a property.. If a sufficient distance separation is not technologically feasible: 1. Cabinets shall be located as far as possible from existing cabinets; and, Above Ground Cabinet .. 'l Page 24 "'"' quidelines -2 'The cabinet owner/installer shall submi, t a letter of explanation reg~ding the hardship associated With or infeasiblity of installing the cabinet at a sufficient distance from an existing cabinet. do Cabinets located in parkxvay areas should be located at the same distance from the curb as other cabinets along'the parkway to create a uniform setback distance and appearance. 'e. Cabinets shall not: . Obstruct line of sight requirements at intersections or driveways. Obstruct or hinder opening of vehicle doors. Obstruct dikabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained. Interfere with any existing or proposed improvement projects. Section 4.2 Height a. The height of any replacement cabinets that are larger than existing or new cabinets to be. located adjacent to the front, side, or rear yards of residentially zoned properties may not exceed the pe,Tnitted height of fencing as determined at the property line in residentially zoned areas. bo The height of any replacement cabinets that are larger than existing or new cabinets located in non-residential areas will be considered on a case-by-case basis: throuth the Encroachment Permit process. Section 4.3 Screening a. In residentially zoned areas, cabinets shall be encloked or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching cabinet color or'applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. bo 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 cabinet. c. Access openings shall face away from street frontages, whenever feasible. SECTION 5' STAzNDARD CONDITIONS OF DESIGN REVIEW APPROVAL a. Noise emanating from an above ground cabinet shall not exceed the City's adopted Noise Ordinance standards. Above Ground Cabinet Def' Guidelines '..'m~., Page 34 '" b. do e. ho The cabinet owner company shall file the cabinet identification, number, company name, person responsible for maintenance.of the cabinet, and the phone number with the Public Works Department. Or have on file with the Encroachment Pemnit. filed with the Public Works Der)artment. The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or sig-nage). Cabinets shall be constructed or treated with appropriate materials which discourage or repel ~affiri and the cabinet owner shall be responsible for removing ~affiti fi-om camne,s within 48 hours. Cabinet owners shall be responsible for costs associated witt~ any necessa~, enforcement action related to ~affiti removal. 'Any removal of landscaping necessary, to install the above ~ound cabinet shall be replaced with landscaping materials similar in number, type, and size as approved bv the Directors of Community Development and Public Works. The utility provider or cabinet installing entity shall be responsible for reconstruction of in-kind facilities within the City's fight-of-way that are damaged or modified during installation of cabinets. In accordance with Section 9265 of the Tustin City Code, an above pound cabinet is considered abandoned if it no longer provides service. If the use of the cabinet 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. In accordance with Section 9265 of the Tustin City Code, cabinets that are no longer being used Shall be removed within ninety (90) days after the discontinuation of planned use. Such removal shall be in accordance With health and safety requirements. Ail disturbed areas shall be restored to original conditions at the operator's expense. In accordance with Section 9265 of the Tustin City Code, the Desig-n Review approval shall remain valid for the term of the franchise a~eement or as long as the Encroachment Permit is valid. If the franchise a~eement or Encroachment Permit is terminated, notice and evidence thereof shall be provided to the Community Development Director. 'Upon termination or expiration of the franchise a~eement or encroachment permit, all cabinets shall be removed from the City's fight-of-way. Pr/or to installation, the utility provider shall provide notification to adjacent property. owmers"';'~';n ....... ~ ""'~ *'"--~-'-~ (I'~m *'~,~,' ,'-'~;,,~ ;--,~;,-~';--,- ................ '~- .... ~ .... ; .... '~ ~'"'~ cfof cabinets that will be installed and the estimated start and ending dates of conStruction. 17310 Re9 Hill Avenue. Su~.~,'' .. Irvine. Calilornia92614 .:': (949) 440-663~ Office ((949) 250-0515 Fax PACIFIC 7,,3 BELL~ August 9, 1999 · Mr. William Huston City Manager City of Tustin 300 Centennial Way Tustin, Ca. 92780 /q .//t' Dear Mr. H/p~. I would like to thank you for taking time to meet with Pacific Bell and Southern California Edison regarding the proposed Above Ground Cabinet Guidelines. Furthermore, I would like to compliment both Tim Serlet and Elizabeth Benzack from your staff for their continued assistance and professionalism. They have been ~eat to work with. During our meeting last month, we were able to discuss some of the concerns Pacific Bell has addressed during the several formal discussions w/th your staff. Although during the course of'those meetings, many of Pacific Bell's concerns were addressed and rectified, some-issues have not been. I w~)uld like to take the time to outline those areas that are still a concern to Pacific Bell, in hopes they too will be accepted favorably. Favorable acceptance would enable Pacific Bell to stand beside City' staff in endorsing th.is ordinance when it is presented to the Planning Commission and City Council. Pacific Bell is concerned with submiuing letters kindly explaining the reasons for not placing cabinets or pedestals underground. This concern has been raised on numerous occasions but has not been changed or modified. This concern references Section 4.1, sub-section a., of the Guidelines. Forcing Pacific Bell to submit individual, repetitive letters, explaining why it is harmful to place cabinets underground would be a burden on' the City staff that must read them. Secondly, in past meetings it was concluded that placing a specific height requirement, Section 4.2 within the Resolution, on new' and replacement cabinets would be ->no/_ increase unnecessm'y. Rather it was a~eed upon that a replacement cabinet within a in size would be acceptable. Ordinance Letter Page 2 Thirdly, there exists some concern with Section 4.1, sub-section b3 and Section 4.1, sub- section c 1. Upon reading these two sections, they seem to be conflicting statements. The only explanation that can be concluded is that one may reference cabinets placed in residential areas, and the other in business areas. In an effort to understand them better, Pacific Bell would like to request that some clarification language be added. The last issUe surrounds Section 5, sub-section j. of the Guidelines. ~2file Pacific Bell understands the importance of noti ,lying community residents of upcoming construction, for it is akeady company policy, the radius of 100 feet is a concern. Pacific Bell would like to suggest that notification be ~ven to those properties that will be directly affected by the conslamction. Mr. Huston, in past meetings the idea of submitting a comprehensive notebook had been discussed. This notebook would outline Pacific Bell's current cabinets, including their replacements, as ~vell as, the newly designed cabinets. Additionally, it would contain one letter explaining why cabinets cannot be placed under~ound wh/ch would apply to all cabinets installed by Pacific Bell. And furthermore, it would contain the name of a contact person and their telephone number should there be any problems. Pacific Bell would like to oi5%r this suggestion once again. Pacific Bell feels that th/s would alleviate much of the unnecessary "red tape," while addressing the concerns mentioned by the proposed ordinance. Furthermore, the overall concern of regulation would be addressed and eh.forced during the encroachment permitting process. As both concerned business partners and corporate citizens of the City of Tustin, .the oppomm/ty allowed to Pacific Bell to assist staff in accomplishing the City's goal of a uniform set of above ~ound cabinet guidelines has been a serious one. We thank you for your assistance and continued support with this matter. Please feel free to contact me should you have any concerns. Sincerely, cc: Tim Serlet, Director, Public Works/City Engineer Elizabeth Benzack, Director, Community Development ATTACHMENT E RESOLUTION NO. 3652 :,0 ~4 ~6 2O 2! 2'/ RESOLUTION NO. 3652 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 FOP, 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: I. The Planning Commission finds and determines as follows: A~ 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 com. panies routinely upgrade, relocate, and install new above ground equipment in the public right-of- way. Be That currently no guidelines are in place to regulate the location, screening, and safety of above ground cabinets in the public right-of way. Ce · 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 ordedy development of above ground cabinets. De That a public hearing was duly called, noticed and held by the Planning Commission on March 8, 1999, and August 23, 1999. Il. In recommending approval of the Above Ground Cabinet Design Guidelines, the Planning Commission finds and determines: ko 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 ]3 ]4 ]6 2O 23 24 26 29 :. Resolution No. Page 2 Ill. 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. E. 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 Review 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. ~T~~1 EN V. KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary ]0 20 2.3 24 25 26 Resolution No. 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 23'~ day of August, 1999. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A OF RESOLUTION NO. 3652 ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING REGULATIONS FOR ABOVE GROUND CABINETS WITHIN THE CITY'S RIGHT OF WAY. The City Council of the City of Tustin does hereby, ordains as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and. determines as follows: Ao Bo Co Do Bo Currently there are no regulations and guidelines in place for the installation of above ground cabinets within the City's right of way. The adoption of permanent regulations and guidelines for above ground cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. Failure to implement above ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above ground cabinets'being installed without controls needed to protect the public health, safety and community aesthetics. Traffic signal controller ~fi~]~'~iti~6,fi_'~-~'~l~~._-_~_-~t~ are exempted since they are different in nature and function se~lce~s. The traffic signal control cabinets by nature must be located ~where· traffic_ can be controlled ..... at intersections. .-~-~F~iti~'-' 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 Above Ground Cabinets within the City's Right of Way. The City's objective is to promote safety, aesthetics and land use compatibility between above ground cabinets and neighboring land uses. Above ground cabinets 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 cabinets are over concentrated in specific areas, or are close to intersections thus impacting motorist visibility, or adjacent to sensitive OrdinanCe No. 1213 Page 2 of 5 residential or institutional uses. The requirements of a Design Review allows the city to examhne aesthetics issues by analyzing items such as height and bulk of the cabinets, colors, visibility, screening and relationShip to adjacent structures, and design. . Screeninq'Criteria and Guidelines.. The City's objective is to promote and Protect an aesthetic environment by requiring the use of subdued colors, non-reflective material and screening of the cabinet With landscape materials. . Site Selection Order of Preference. The City's objective is to promote and protect an aesthetic environment by requiring that above ground cabinets be located in areas that are the least obtrusive to the community. o Sion Restrictions.' The City's objective is to promote aesthetics by restricting sign clutter. . Size Criteria. The City's objective is to promote aesthetics and safety. Limiting the size of above ground cabinets will reduce the visual impact associated with traffic and pedestrian safety. . Removal Required for Abandoned Cabinets. The City's objective is to promote and protect an aesthetic and safe environment by requiring cabinets be removed within ninety (90) days if they are not in use. Abandoned cabinets 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 cabinets. e. That a public hearing was duly noticed, called and held on this Ordinance by the Planning Commission on August 23rd, 1999. Section 2. Part 6 is hereby added to chapter 2 of Article 7 of the Tustin City Code to read as follows: PART 6 DESIGN REVIEW OF ABOVE GROUND CABINETS 7260 PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain an aesthetically pleasing environment in the City's rights of way, including parkways and median islands, by regulating the location, size, color and other aspects of above ground cabinets that exceed a certain size. Above ground cabinets have proliferated in the City's rights of way in recent years. Such cabinets house a variety of uses: some contain controls for Ordinance No. 1213 Page 3 of 5 traffic signals, .others contain electronics and wiring for cable television and telecommunications; others contain power sources. The cabinets are painted a variety of colors, come in varying heights, and can be noisy. Most cabinets are not'screened. The result is visual clutter and increased noise along the City's right of way. Reasonable regulations for the height, Iocationl color and other characteristics of. such cabinets are necessary to promote the health and aesthetic welfare of the people of Tustin. 7261 DESIGN REVIEW REQUIRED Except for City traffic signal controller ~-~-ii¥ig_atio.~_Et~_l!._e.E¢~2~.~9.e..t,¢, no person shall locate a new above ground cabinet without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This Design Review applies ~o existing and future franchisees and any other person who wishes to locate replacement or new above-ground cabinets in the public right of way. The installation of replacement cabinets or 'new cabinets shall comply with the Above Ground Cabinet-Design Guidelines described in Section 7263. Design review approval is required concurrent with or before an encroaChment permit may be issued to permit installation of a cabinet. 7262 APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all cabinets to the Director of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors of the cabinets, screening, and noise levels anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application. 7263 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 Above Ground Cabinet Design Guidelines adopted by resolution of the City Council. The Director may conditionally approve or deny the Plan. Amendments to a Plan shall be reviewed and approved .by the Director concurrent with or prior to issuance of an encroachment permit. Cabinets must be installed per the approved Plan. The noise from each cabinet shall comply with the City's noise regulations. Cabinets that exceed the maximum size speCified in Sec?Jori 7263 ~ ~~-__e;l~.e.-sl. Cl-~_~lci,e-l_iB__~... may be administratively approved by the Director in compliance with the Design Review or Minor Adjustment/Administrative Variance process (in Tustin City Code Section 9272) if substantial evidence indicates that no other technologically feasible alternative exists. ' Ordinance No. 1213 ... Page 4 of 5 · 7264 APPEALS Appeals of the Director's decisions may be taken and heard in accordance with Section 9272(0, Design Review Appeals, of the Tustin City Code. 7265 TERM/ABANDONMENT o ·. (a) An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet 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. (b) Cabinets 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 cabinet owner's expense. (c) The Design Review approval shall remain valid for the term of the franchise agreement or as long as the encroachment permit is valid, if the franchise agreement or encroachment permit is terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the franchise agreement or encroachment permit (note- covered in (b) above) all cabinets shall be removed from the City's 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. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the day of ,1999. Tracy Wills Worley, Mayor Pamela Stoker Ordinance No. 1213 Page 5 of 5 City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CiTY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1213 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 if five; that the above and foregoing ordinance No. 1213 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on day of , 1999 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the __ of ,1999 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNClLPERSONS ABSENT: Pamela Stoker, City Clerk EXHIBIT B OF RESOLUTION NO. 3652 ABOVE GROUND CABINET DESIGN GUIDELINES 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 1213) and regulate the placement and desi~°-n of above pound cabinets in . conjunction with any City permitted use of the public right-of-way. These guidelines are intended to protect the health, safety and/or welfare of the citizens of Tustin by reducing the potential for negative environmental impacts of above pound cabinets on the community. SECTION 2: APPLICABILITY The installation of new and replacement above pound cabinets in the. City right-of-way, except those exempted by Part 6 of Chapter 2 of Article 7 of the Tustin City Code, are regulated by these guidelines. SECTION 3' PROCESS Ret~lacement Cabinets that are the Same Size as Existing Cabinets a. Installation of replacement cabinets may be approved in conjunction with issuance of an Encroachment Permit provided the replacement cabinet is the same size or smaller than the existing cabinet and the cabinet complies with the height requirements set forth in Section 4.2 herein. New or Retglacement Cabinets that are La~ger than Existing Cabinets be Installation of new cabinets or replacement cabinets that are larger than the existing cabinets may be approved in conjunction with issuance of a concurrent Encroachment Permit/Design Review application provided the each the following requirements are met: . No cabinet may be located adjacent to a front yard area of a residentially zoned or used property. The cabinet complies with the height requirements set forth in SeCtion 4.2 herein. No cabinet may be located in an area that obstructs line of sight at an intersection, driveway, or alley. New or Rel~lacement 'Cabinets that Cannot Comtgly with Requirements for Concurrent Encroachment Permit/Design Review [Section 3(b)J C, Installation of replacement cabinets that are larger than the existing cabinet and cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 3(b)] require Desig'n Review prior to issuance of Encroachment Permits. Above Ground Cabinet E,', Page 2 3uidelines do Installation of new cabinets that cannot comply with the requirements for a concun'ent Encroachment PermitfDesign Review [Section 3(b)] require Design Review prior to issuance of Encroachment Permits. Co SECTION 4: DESIGN REVIEW CRITERIA Location, size, and screening of proposed cabinets will be considered by the Community Development Department in accordance with the following criteria: Section 4.1 Location a· bo Whenever feasible, cabinets should be installed underground. If it is not technologically feasible to install a cabinet under~ound, the utility provider shall submit a letter of explanation regarding the hardship associated with or unfeasibility of underground installation. When under~ound installation is not feasible, the following order of preference shall be considered for above ~ound installation of cabinets of any size: lo Cabinets 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 cabinet. 9 Cabinets 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 cabinet. . Cabinets should be located as closely as possible to the shared property line between the front yards of residential properties where no sight distance from · driveways would be obstructed. Consideration shall be given to the number of existing cabinets within a particular area and overconcentration of cabinets shall be avoided. Overconcentration is defined as more than one (1) cabinet installed adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible: 1. Cabinets shall be located as far as possible from existing cabinets; and, Above Ground Cabinet I Page 3 Guidelines '~," o The cabinet owner/installer shall submit a letter of explanation regarding the hardship associated with or unfeasibility of installing the cabinet at a sufficient distance from an existing cabinet. do Cabinets located in parkway areas should be located at the same distance from the curb as other cabinets along the parkway to create a uniform setback distance and appearance. e. Cabinets shall not: o o Obstruct line of sight requirements at intersections or driveways. Obstruct or hinder opening of vehicle doors. Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained. Interfere with any existing or proposed improvement projects. Section 4.2 Height ao The height of any replacement cabinets that are larger than existing or new cabinets to be located adjacent to the front, side, or refit yards of residentially zoned properties may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas. bo The height of any replacement cabinets that are larger than existing or new cabinets located in non-residential areas w411 be considered on a case-by-case basis. Section 4.3 Screening ao In residentially zoned areas, cabinets shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching cabinet color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. bo' Ce 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 cabinet. Access openings shall face away from street frontages, whenever feasible. SECTION 5: STANDARD CONDITIONS OF DESIGN REVIEW APPROVAL Noise emanating from an above pound cabinet shall not exceed the City's adopted Noise Ordinance standards. Above Ground Cabinet Page 4 uidelines b. Co do e. The cabinet owner company shall file the cabinet identification number, company name, person responsible for maintenance of the cabinet, and the phone number with the Public Works Department. The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or sig-nage). Cabinets shall be constructed or treated with appropriate materials which discourage or repel graffiti and. the cabinet owner shall be responsible for removing g-raffiti from cabinets within 48 hours. Cabinet ov, mers shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. Any removal, of landscaping necessary to install the above ground cabinet shall be replaced with landscaping materials similar in number, type', and size as approved by the Directors of Community Development and Public Works. The utility provider or cabinet installing entity shall be responsible for reconstruction of in-k/nd facilities within the City's right-of-way that are damaged or modified during installation of cabinets. In accordance with Section 9265 of the Tustin City Code, an above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet 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. h. In accordance with Section 9265 of the Tustin City Code, cabinets that are no longer being used shall be removed w/thin 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 operator's expense. In accordance with Section 9265 of the Tustin City Code, the Desig-n Review approval shall remain valid for the term of the franchise a~eement or as long as the Encroachment Permit is valid. If the franckise agreement or Encroachment Permit is terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the franchise agreement or encroachment permit, all cabinets shall be removed from the City's right-of-way. 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 cabinets that will be installed and the estimated start and ending dates of construction. .... ~,--' - ·.: ' - .i: ::v~ ;.-,.-'- .. -- --_. - .... . ..... . ~, .. ,.. o .. steel4.! etc.).'~:.:The ~t. fi~ty.., promi:ler, shall-'be responsible for. treating any rust by either $ :\CDD\ORDINANCk:abinetguidelines.doe ATTACHMENT B Planning Commission Minutes of August 23, 1999 Planning Commission August 23, 1999 Page 2 ~S Commissioner Davert moved, Commissioner' Pontious seconded, to approve the minutes. Motion carried 5-0. HEARINGS: ore Ground Cabinets Design Guidelines and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City Permitted use of the public right-of-way. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare' of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending .that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. The Public Hearing opened at 7:03 p.m. Justina VVillkom presented the subject report and noted corrections to the resolution. John Higgins, 2342 Caper Tree Drive, noted that the boxes Cox Communications put in front of his house interfere with watering and mowing his lawn. He suggested that the guidelines be retroactive to installations done without a permit. The Director stated that the guidelines could apply to applicants or utility providers who did not receive appropriate encroachment permits but she noted that because an encroachment permit was not received does not mean they would not be approved as proposed. She noted that people enjoy the benefit of utility services but few want to have their properties encumbered by the improvements. She noted that with respect to the height of the improvements, the front yard would allow a 3 foot high fence so staff is proposing that there be no improvements higher than 3 feet; the rear and side yards could be 6 feet 8 inches high. She noted that most of the proposals do not exceed 5 feet so it would be in keeping with the level of fence height in front, side and rear areas. John Higgins, noted his concern with the front yard height as they would block holiday displays and be dangerous to children tiding their bikes on the sidewalk. The Director noted that staff could meet with Mr. Higgins and talk about the site specific locations where he believes there will be a problem. Planning Commission. August 23, 1999 Page 3 ,tes Kim Barone Scherer, Southern California Edison (SCE), complimented staff, thanked the Planning Commission and stated that the additional cost to underground utility boxes would be passed onto Customers and requested an exemption under their franchise agreement. Commissioner Pontious asked Ms. Scherer about other city ordinances that she referenced. Kim Barone Scherer, SCl:, stated that the ordinances related to street cuts and trenching. Chairperson Kozak asked Ms. Scherer if there were no above ground cabinet guidelines in other SCI: service areas. Klm' Barone Scherer, SCI:, stated that she is not aware of any but there may be one.or two and she believes other cities are looking at the issue currently. John Stratman, Jr., Pacific Bell, thanked staff for their time and stated that all franchises should be exempt, the guidelines create more red tape, and their cabinets can not be placed underground. The Public Hearing closed at 7:29 p.m. Commissioner Pontious asked the City Attomey if it would be legal to exempt the utility providers. Lois Bobak, Deputy City Attorney, stated that the City Attorney has looked at the guidelines and there is no basis for exclusion. The Director noted that the current City code requires all utilities be undergrounded and the guidelines grant relief by providing clear cut criteria for encroachment permits which are discretionary. Commissioner Davert stated his approvaI of the ordinance and asked if the guidelines could .be modified later if necessary. · The Director responded that the Commission could modify the guidelines. Commissioner Pontious asked if the comprehensive notebook that John mentioned could be included in the guidelines as a master plan. Stratman The Director responded affirmatively that the utility's notebook could be included as part ! of a master plan. Planning Commission August 23, 1999 Page 4 Chairperson Kozak confirmed that would apply to anY utility. Lois Bobak, DepUty City Attorney, stated that the utilities sl~ouid not be lead to believe that if they place their standard bOx On any given site they will get an automatic approval for an encroachment permit. Commissioner Ponfious moved, Commissioner Davert seconded, to adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213 amended as follows: Ordinance No. 1213, page 3, last paragraph "Section 7263" is to be omitted and · replaced with "the Above Ground Cabinet Design Guidelines". carried 5-0. BUSINESS F Esta ;hment Guidelines" be revised. The Commission may ;s the types of establishments that and that ~ss owners would benefit from up summarize ~ City's policies on the establ ments beverages. Icoholic Beverage. Sales Establishment Guidelines in 1999, the Commission requested that the existing "Alcohol ~e Sales that the guidelines- :ently become popular guidelines that clearly that serve alcoholic RE ~TION That the Planning revised guidelines. ' adopt Resolution No. 3687 approving the Lori Ludi, ASsociate Planner pre by the City Attorney. ~ _ Commissioner Davert that staff did a helpful in the future. ;ubject report and noted minor revisions made on the guidelines and they would be Commissioner are broad stated that staff did an excellent to be encompassing. and noted that the guidelines to a: Kozak commented that the guidelines were very nts, the Planning Commission and the City Council. and would be helpful ATTACHMENT C Letters from Southern CalifOrnia Edison and Pacific Bell Dated August 30 and August 31, 1999 SOUTHERN CALIFOI~NIA EDISON An £DI$ON I.¥TERN,[TIO.~,'AL''' Comp=ny August 30, 1999 Klm Baronc Schcrer Region Manager Public Affairs J Uj AUG 3 I 1999 TUSTIN PUBLIC WORKS DEPT. i Ms. Elizabeth Binsack, Director Community Development ~epartment City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Ms. B insack: Once again, thank you for the opportunities to meet with you and your staff to discuss the concerns of Southern California Edison (SCE) regarding the proposed Above Ground Cabinet Desi~ Guidelines and Ordinance. As a follow up to the Planning Commission hearing and approval of the guidelines, ordinance and staffrecommendations, I would appreciate your concurrence with our understanding of the Pla,ming Commission position on several matters. It is my understanding that the Commissioners approved, with staff ag'reement, the concept of submitting a notebook showing alt current above ~ound cabinet specifications as our master plan requirement. City staff would give a one-time approval of these cabinet specifications. The utility provider would not be required to go through the Desig-n Review process on any replacement or new cabinets as long as they were included in the approved notebook. Of course, the normal Encroachment Pen-nit process would still take place. If this understanding is correct, I would like to request a simple amendment that would clarify this process in the proposed Above Ground Cabinet Desi_ma Guidelines, Section 3(a). Add the word "new" to the subject title and subsequent paragTaph, in addition to referring to the pre- approved notebook master plan. Suggested language might be: - - "New or Re. vlacement Cabinets that are the Same Size as Existing C~binets a. Installation of new or replacement cabinets may be approved in conjunction with the issuance of an Encroachment Permit provided the new"or replacement cabinet is the same size or smaller than the existing cabinet and the cabinet complies with the height requirements set forth in Section 4.2 herein, or have Been gre-armroved for use and are on file with the Cornrnunitv Develor~ment Der~artment." 1525 $. Grand Ax'=. Sa.-x.:n Ann. CA "2705 7 i-;.373-55.48 Fax 7 I;-973-5752 ~aronckO'sce.com. 'Ms. Elizabeth Binsack, Direr. Community Developmcnt Department Pate 2 Your prompt clarification and response to this issue would be .sincerely appreciated. SCE continues to believe that legally sound language, as presented to you at a previous meeting, can be included in the proposed resolution and ordinance to exemr~t public franchise utilities. However, we wish to acknowledge and thank you for your time and interest regarding our continued concerns relating to this important matter. Please let me know if you require any additional information or clarification fi-om me at this time. We would appreciate your response by September 3 to meet our needs for analysis of the action taken during the above-stated meeting and our path £orward. Once again, thank you for your consideration of our suggested amendment. Sincerely, / · C° Tustin Planning Commissioners Bill Huston, City Manager Tim Serlet, Public Works Director La~,--ry Todd, Southern California Edison ann E. Slralman. Jr. 17310 F~d Hall Avenue'. Irvine. Ca~iforma 926~,~ (949) ,~,:0-6638 0ffic~ ((9~9) 2-.50-0515 Fax August 31, 1999 .7O PACIFIC; ..'.; BELL.. .T STIN PUBLIC WORKS DEPT. Ms. Elizabeth Binsack Director, Community. Development City of Tustin :0,, Center, nial Way Tustin, CA 92780 Dear Ms. Binsack: I would like to thank you and 3'our staff for the amount of time that has been set aside to meet with Pacific Bell regarding our numerous concerns with the proposed Above Ground Cabinet Guidelines and Ordinance. While Pacific Bell understands the position that the Planning Commission took during their August _~, 1999 meeting, we would like further clarification on one particular aspect. It is my understanding that the Commission, through comments made by Commissioner Pontious. a~eed that submitting a comprehensive notebook, per Pacific Bell's comments dunng the meeting, would be allowable. The comprehensive notebook would outline Pacific Bell's current cabinets, as well as, the newly designed replacement cabinets. Additionally, it would contain one letter explaining why cabinets, in general, cannot be placed under~ound which would apply to all cabinets installed by Pacific Bell..~nd ihnhermore, it would contain the name and telephone number of a contact person should the City. of Tustin need to report any problems. Pacific Bell further understands and a~ees that by "blanket" approval of the contents of the notebook, the desi_~n' review process would no longer be required, but that Pacific Bell would still be obligated to go through the Encroachment permit process. I would appreciate your concurrence with Pacific Bell's understanding of Commissioner Pontious's comments and recommendations. In order to give adequate preparation time for the upcoming Council meeting, we would appreciate your response by September 9, 1999. Once again, thank you for your continued time and assistance on this very important issue. As both concerned business partners and corporate citizens of the City of Tustin, the opportunity allowed assisting staff in accomplishing a uniform set of above ~ound Binsack Letter - August 31, 1999 Page 2 guidelines has been a serious one. By doing so, it assists Pacific Bell in accomplishing its objectives, which are to. provide the best telecommunication service quality available to your valued citizens. . Sincerely, __ fohn E. Stratman, Jr(_,./ Director, External Affairs cc: Tustin Planning Commissioners Mr. Bill Huston, City Manager ,-"i~. Tim Serlet, Director, Public Works/City Engineer ATTACHMENT D . . Letters dated September 21, 1999 Community Development Department September 2 !, 1999 Ci ty of "'i'ustin 300 Centennial Way Tustin. CA 92780 (714) 573-3100 Klm Barone Southern California Edison 1325 S. Grand Avenue Santa .~.na, California 92705 SUBJECT: A_BOVE GROUND C_~d3INET DESIGN GUIDELINES .~.N'D ORDIN.-~NCE De~ K.im: Thank you for };our letter dated August 30, 1999. regarding the Above Ground Cabinet Design Guidelines ("Guidelines") and Ordinance and our subsequent meeting. In >'our lener, you requested clarification 'regarding the submittal of a comprehensive notebook for new and repladement cabinets and suggested a modification to Section 3(a) of the Guidelines. During the Planning Commission meeting of August 23, 1999, John Stratman of Pacific Bell questioned whe.:her a comprehensive notebook could be submitted. Commissioner Pontious noted ~at the notebook would, in essence, be a MaSter Plan and asked for clarification on whether utili¢' providers could then install cabinets identified in the notebook. I responded that staff would accept a notebook provided the in£o~-rnation contained within the notebook demonstrated compliance with 'the adopted Guidelines. LOis Bobak, City Attorney, also indicated that the notebook would not waive staff review of specific sites and cabinets for appropriateness and compliance with the Guidelines. As such, a notebook may be submitted. The depth and extent of your Desig-n Review application would determine whether new submittals would be necessary. The Guidelines and associated ordinance are tentatively scheduled for consideration by the City Council on October 4, 1999. A staff report will be available on the Thursday prior to the meetino_. _ If you have any questions, please call me at 714.57_3.3031. Sincerely, Elizabeth A. Binsack Director of Community Development CC: William Huston, City Manager Tim Serlet, Director of Public Works Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92780 (714) 573-3100 September 21, 1999 John E. Stratman, Jr. Pacific Bell 17310 Red Hill Avenue, Suite 270 Irvine, Califorrfia 92614 SL~JECT: .kBOVE GROU~'D CABINET DESIGN GUIDELINES .~N~ ORDIN.4aNCE Dear John: Tha~3c you for your letter dated August 31, 1999, regarding the Above Ground Cabinet Desi~ Guidelines ("Guidelines") and Ordinance and our subsequent meeting. In your letter, you requested clarification regarding the submittal of a comprehensive notebook for new and replacement cabinets. Durin_ the. Planning Commission meeting of August _.~, 1999, you questioned whether a comerehenSive notebook could be submitted. Comm/ssioner Pontious noted that the notebook w'ou!d, in essence, be a Master Plan and asked for clarification on whether utility, providers could then install cabinets identified in the notebook. I responded that staff would accept a notebook provided the information contained within the notebook demonstrated compliance with the ado,ted Guidelines. Lois Bobak, City Attorney, also indicated that the notebook would not waive staff review of specific sites and cabinets for appropriateness and compliance with the Guidelines. As such, a notebook may be submitted. The depth and extent of your Design Review application would determine whether new submittals would be necessary. The Guidelines and associated ordinance are tentatively scheduled for consideration by the City Comncil on October 4, 1999. A staff report will be available on the Thursday pr/or to the meeting. If you have any questions, please call me at 714.573.3031. Sincerely, Elizabeth A. B ms~ick Director of Community Development cc: William Hustork City Manager Tim Serlet, Director of Public Works ATTACHMENT E Letter dated September 28, 1999 September 27, 1999 RECEIVED Mayor Tracey Wofley City of Tustin 300 Centennial Way Tustin, CA 92780 SEP £ 8 999 ADMINISTRATION Subject: Above Ground Cabinet Design Guidelines Dear Mayor Worley; I and the Peppertree commUnity have been the subject of new rocks in our front yards that were placed by Cox communications without a permit. I have been pleased with my dealings with City staff who have been working through this issue and have developed the appropriate guidelines. These guidelines will take the two (2) rocks in my front yard and place them under~ound or on a side street similar to all other utilities above ground devices. Unfortunately I will not be able to attend the Public Hearing on this item since I have class on Monday nights. I Greatly appreciate your passage of this item without conditions which Cox, PacBell, and other utilities would like to impose. These guidelines should also be used on'placement of above ground devices with out permits. Just to give you some back ground on myself and this issue, I handle all utility and government involvement for the building of the Metro Red Line Subway in Los Angeles so I am very familiar with the utility's needs. Cox placed these rocks in my parkway and stated that they had the right to do so. I called City staff and asked if there was a permit given and they -knew nothing about the placement. Cox stated they did not need a permit but the City disagreed. This rock placement is no different than PacBell going in to place a new vault, they must have a permit. Cox has continually stated that these devices need to be above ground to be protected from water. This is also no different than a PacBell or Power vault which is placed underground. The connections need to be sealed to protect them from moisture but Cox does not want to go to the expense. To date Cox has said they would furnish a map showing the locations for these rocks in the Peppertree community but they have not. They also told me they were locked to protect them from any one gaining access since they have a Iow voltage going through them. A five (5) year old neighbor came over and raised one up to see what was underneath. They are not safe. Page 2 The City attorney stated that the utility does not need to conform to these guidelines but according to all the utilities I work with they all need to conform to the guidelines set up by the municipality with the jurisdiction. The City Attorney is also looking at the FCC rules regarding the Cable Companies but since Cox and other Cable companies are starting the two (2) way communication they do fall under the same FCC rules that PacBell would be governed under. If you care to see what I am talking about in my parkway I live at 2342 Caper Tree Dr. A PacBell above ground device is on Rain Tree Dr. around the comer. I will be sending similar letters to the Council members and the City staff a copy of the letters. Please feel free to call be during the day ~ (213) 922-7255. I hope you pass the guidelines your City staff worked very hard to create. Sincerely, (/'John C. Higgins ATTACHMENT F Ordinance No. 1213 ORDINANCE NO. 1213 AN ORDINANCE OF THE CITY COUNCIL OF THE- CITY OF TUSTIN, ADOPTING REGULATIONS FOR ABOVE GROUND CABINETS WITHIN THE CITY'S RIGHT OF WAY. The City Council of the City of Tustin does hereby ordains as follows: Section 1. FINDINGS The City CounCil of the City of Tustin finds and determines as follows' Ao Currently there are no regulations and guidelines in place for the installation of above ground cabinets within the City's right of way. B. The adoption of permanent regulations and guidelines for above ground cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. C. Failure to implement above ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above ground cabinets being installed without controls needed to protect the public health, safety and community aesthetics. D. Traffic signal controller and irrigation .controller cabinets are exempted since 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 must be located in close proximity to available power sources. e. The requirements and restrictions imposed by this Ordinance are necessary to protect the health, safety.and aesthetics of the City of Tustin as follows: le Design Review Approval for installation of Above Ground Cabinets within the City's Right of Way. The City's objective is to promote safety, aesthetics and land use compatibility between above ground cabinets and neighboring land uses. Above ground cabinets 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 cabinets are over concentrated in specific areas, or are close to intersections thus impacting motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design Ordinance Page 2 of 5 Review allows the city to examine aesthetics issues by analyzing items such as height and bulk of the cabinets, colors, visibility, screening and relationship to adjacent structures, and design. Screening Criteria and Guidelines. The City's objective is to promote and protect an aesthetic environment by requiring the use of subdued colors, non-reflective material and screening of the cabinet with landscape materials.' 3. Site selection Order of Preference. The City's objective is to promote and protect an aesthetic environment by requiring that above ground cabinets be located in areas that are the least obtrusive to the community. 4. Sign Restrictions. The City's objective is to promote aesthetics by restricting sign clutter. 1 Size Criteria. The City's objective is to promote aesthetics and safety. Limiting the size of above ground cabinets will reduce the visual impact associated with traffic and pedestrian safety. 6. Removal Required for Abandoned Cabinets. The City's objective is to promote and protect an aesthetic and safe environment by requiring cabinets be removed within ninety (90) days if they are not in use. Abandoned cabinets 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 cabinets. Eo That a public hearing was duly noticed, called and held on this Ordinance by the Planning Commission on August 23rd, 1999. Section 2. Part 6 is hereb); added to chapter 2 of Article 7 of the Tustin City Code to read as follows: PART 6 DESIGN REVIEW OF ABOVE GROUND CABINETS 7260 PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain an aesthetically pleasing environment in the City's rights of way, including parkways and median islands, by regulating the location, size, color and other aspects of above ground cabinets that exceed a certain size. Above ground cabinets have proliferated in the City's rights of way in recent years. Such cabinets house a variety of uses: some contain controls for traffic signals, others contain electronics and wiring 'for cable television and. telecommunications; others contain power sources. Ordinance Page 3 of 5 ,3 The cabinets are painted a variety of colors, come in varying heights, and can be noisy. Most cabinets are not screened. The result is visual clutter and increased noise along the City's right of way. Reasonable regulations for the height, location, color and other characteristics of such cabinets are necessary to promote the health and aesthetic welfare of the people of Tustin. 7261 DESIGN REVIEW REQUIRED ExcePt for City traffic signal controller and irrigation.controller cabinets,' no person shall locate a new above ground cabinet without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This Design Review applies to existing and future franchisees and any other person who wishes to locate replacement or new above-ground cabinets in the public right of way. The installation of replacement cabinets or new cabinets shall comply with the .Above Ground Cabinet Design Guidelines described in Section 7263. Design review approval is required concurrent with or before an. encroachment permit may be issued to permit installation of a cabinet. 7262 APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all cabinets to the Director of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors of the cabinets, screening, and noise levels anticipated. The.applicant shall pay a fee to cover the anticipated, staff time to review &nd process the application. 7263 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 Above Ground Cabinet Design Guidelines adopted by resolution of the City Council. The Director may conditionally approve or deny the Plan. Amendments to a Plan shall be reviewed and approved by the Director concurrent with or pdor to issuance of an encroachment permit. Cabinets must be installed per the approved Plan. The noise from each cabinet shall comply with the City's noise regulations. Cabinets that exceed the maximum size specified in the Above Ground Cabinet Design Guidelines may be administratively approved by the Director in compliance with the Design Review or Minor Adjustment/Administrative Variance process (in Tustin City Code Section 9272) if substantial evidence indicates that no other technologically feasible alternative exists. Ordinance Page 4 of 5 .3 7264 APPEALS Appeals of the Director's decisions may be taken and heard in accordance with Section 9272(0, Design Review Appeals, of the Tustin City Code. 7265 TERM/ABANDONMENT (a) An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet 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. (b) Cabinets 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 cabinet owner's expense. · (c) The Design Review approval shall remain valid for the term of the franchise agreement or as long as the encroachment permit is valid. If the franchise agreement or encroachment permit is. terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the franchise agreement or encroachment permit (note- covered in (b) above) all cabinets shall be removed from the City's 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. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the . day of ,1999. Tracy Wills Worley, Mayor Pamela Stoker City Clerk Ordinance Ix Page 5 of 5 .13 -:% STATE OF CALIFORNIA ) COUNTY OF ORANGE -) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1213 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 if five; that the above and foregoing ordinance No. 1213 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on day of .., 1999 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the__ of ., 1999 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk ATTACHMENT G ResolutiOn No. 99-84 ]0 ]4 20 2! 24 -"5 RESOLUTION NO. 99-84 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF TUSTIN, CALIFORNIA ADOPTING ABOVE GROUND CABINETS DESIGN GUIDELINES The City Council of the City of Tustin does hereby resolve as follows: !. The City Council finds and determines as follows: A. 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. B. That currently no .guidelines are in place to regulate the location, screening, and safety of above ground cabinets in 'the public right-of way. Co 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 ordedy development of above ground cabinets. D. That a. public hearing was duly called, noticed and held by the Planning Commission on March 8, 1999, and August 23, 1999. Eo That a public hearing was duly called, noticed and held by the City Council on October 4, 1999. !1. in adopting the Above Ground Cabinet Design Guidelines, the City Council finds and determines: A. 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. l0 ]4 ]? 2O 2] 24 ResolUtion No. Page 2 i11. Bo C~ 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. 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. That the Director of Community Development should be authorized to approve, approve with conditions or deny the Design Review application. E. That the adoption of guidelines 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 City Council hereby adopts the Above Ground Cabinet Design Guidelines. These guidelines are to be followed when considering an Encroachment Permit and/or Design Review application for the installation of above ground cabinets within the public right-of-way, attached hereto as Exhibit A, PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 4"~. day of October, 1999. Tracy Wills Worley Mayor Pamela Stoker City Clerk lO ]? 20 24 2'/ 2.8 Resolution No. ~ .-4 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, the undersigned, hereby certify that ! am the City Clerk of the City Council of the City of Tustin, California; that Resolution No. 99-84 was duly passed and adopted at a .regular meeting of the Tustin City Council, held on the 4t~ day of October, 1999. PAMELA STOKER City Clerk Exhibit A of Resolution No. 99-84 Above Ground Cabinets Design Guidelines ABOVE GROUND CABINET DESIGN GUIDELINES 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 1213) and regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to protect the health, safety and/or welfare of the citizens of Tustin by reducing the potential for negative environmental impacts of above ground cabinets on the community. SECTION 2: APPLICABILITY The installation of new and replacement above ground cabinets in the City right-of-way, except those exempted by Part 6 of Chapter 2 of Article 7 of the Tustin City Code, are regulated by these guidelines. SECTION 3: PROCESS Replacement Cabinets that are the Same Size as Existing Cabinets ao Installation of replacement cabinets may be approved in conjunction with issuance of an Encroachment Permit provided the replacement cabinet is the same size or smaller than the existing cabinet and the cabinet complies with .the height requirements set forth in Section 4.2 herein. New or Replacement Cabinets that are Larger than Existing Cabinets bo Installation of new cabinets or replacement cabinets that are larger than the existing cabinets may be approved in conjunction with issuance of a concurrent Encroachment Pennit/Design Review application provided the each the following requirements are met: lo . No cabinet may be located adjacent to a front yard area of a residentially zoned or used property. The cabinet complies with the height requirements set forth in Section 4.2 herein. No cabinet may be located in an area that obstructs line of sight at an intersection, driveway, or alley. New or Replacement Cabinets that Cannot Comply with Requirements for Encroachment Permit/Design Review [Section 3(3)] Co l~c~lrr ent Co Installation of replacement cabinets that are larger than the existing cabinet and cannot . comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 30>)] require Design Review prior to issuance of Encroachment Permits. · Above Ground Cabinet D~. Page 2 Guidelines C. d. Installation of new cabinets that cannot comply with the requireme.nts for a concurrent Encroachment Permit/Design Review [Section 3(b)] require Design Review prior to issuance of Encroachment Permits. System Upgrades e. System upgrades which require substantial installation of ne.w and replacement cabinets 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 cabinets shall be submitted concurrently with the Design Review application. SECTION 4: DESIGN REVIEW CRITERIA Location, size, and screening of proposed cabinets will be considered by the Community Development Department in accordance with the following criteria: Section 4.1 Location a. Whenever'feasible, cabinets should be installed underground. If it is not.technologically feasible to install a cabinet underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or unfeasibility of underground installation. b. When underground installation is not feasible, the following order of preference shall be considered for above ground installation of cabinets of any size: lo Cabinets 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 cabinet. . Cabinets 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 cabinet. 3. Cabinets should be located as closely as possible to the shared property line between the front yards of residential properties where no sight distance from driveways would be obstructed. Consideration shall be given to the number of existing cabinets within a particular area and overconcentration of cabinets shall be avoided. Overconcentration )s defined as more than one (1) cabinet installed adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible: 1. Cabinets shall be located as far as possible from existing cabinets; and, Above Ground Cabinet Page 3 gn Guidelines . The cabinet owner/installer shall submit a letter of explanation regarding the hardship associated with or unfeasibility of installing the cabinet at a sufficient distance from an existing cabinet. d. Cabinets located in parkway areas should be located at the same distance from the curb as other cabinets along the parkway to create a uniform setbacfc distance and appearance. e. Cabinets shall not: o o Obstruct line of sight requirements at intersections or driveways. Obstruct or hinder opening of vehicle doors. Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained. Interfere with any existing or proposed improvement projects. Section 4.2 Height ao The height of any replacement cabinets that are larger than existing or new cabinets 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. b, The height of any replacement cabinets that are larger than existing or new cabinets located in non-residential areas will be. considered on a case-by-case basis. Section 4.3 Screening ao In residentially zoned areas, cabinets shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching cabinet color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. bo 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 cabinet. C. Access oPenings shall face'away from street frontages, whenever feasible. SECTION 5: STANDARD CONDITIONS OF DESIGN REVIEW APPROVAL a. Noise emanating from an above ground cabinet shall not exceed the City's adopted Noise Ordinance standards. Above Ground Cabinet Page 4 Guidelines b~ d, The cabinet owner company shall file the cabinet identification nUmber, company name, person responsible for maintenance of the cabinet, and the phone nUmber with the Public Works Department. The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). Cabinets shall be constructed or treated with appropriate materials which discourage or repel graffiti and the cabinet owner shall be responsible for removing graffiti from cab/nets within 48 hours. Cab/net owners shall, be responsible for costs associated Mth any necessary enforcement action related to graffiti removal. Any removal of landscaping necessary to install the above ground cabinet shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. The utility provider or cabinet installing entity shall be responsible for reconstruction of in-kind, facilities within the City's right-of-way that are damaged or modified during installation of cabinets. g, In accordance with Section 9265 of the Tustin City .Code, an above ground cabinet is considered abandoned if it no longer provides service. If the .use of the cabinet is discontinudd for any reason, the operator shall notify the City of Tustin in writing no later than th/rty (30) days after the discontinuation of use. ho · In accordance with Section 9265 of the Tustin City Code, cabinets 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 operator's expense. In accordance with Section 9265 of the Tustin City Code, the Design Review approval shall remain valid for the term of the franchise agreement, or as long as the Encroachment Permit is valid. If the franchise agr~ cement or Encroachment Permit is terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the franchise agreement or encroachment permit, all cabinets shall be removed from the City's right-of-way. 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 cabinets that will be installed and the estimated start and ending dates of construction. k. The cabinet shall be consm~cted of a material that will be mst resistant (i.e., Stainless steel, etc.). The utihty provider shall be responsible for treating any rust by either repainfing or any other method recommended by the manufacturer that eliminates the S :~CDD\ORI)INANClr. abinet~idelines.do¢ ATTACHM~ENT B Letter from Pacific Bell' dated October 4, 1999 ohu E. Stralman, Jr. Director External ^flairs 17310 Red Hill Avenue, ,. lrvine, California 92614 (949) 440-6638 Office ((949) 250-0515 Fax · · · 27O PACl F! C ~',1 Ir.~l B ELL, RECEIVED October 4, 1999 The Honorable Tracy Wills Wofley Mayor, City of Tustin 300 Centennial Way Tusfin. California 927g0 OCT 0 1999 COMMUNITY DEVELOPMENT BY Dear Mayor Worley: I would like to thank you for taldng the t~me to meet with Pacific Bell and Southern California Edison on September 14, 1999 to discuss the Above Ground' Cabinet Guidelines. Furthermore, I would like to once again reiterate how well Pacific Bell has been able to .work with the City of Tustirr This has stemmed from the continued assistance and professionalism of both Tim Seflet and Elizabeth Binsack. They should be commended. During our meeting last month, we were ai)Ie to discuss the outcome of the August 23, 1999 planning Commission meeting. The topic that both Pacific Bell and Southern California Edison were concerned about, Was the issue of submitting a comprehensive "no.tebook," of which Commissioner Pontious recommended, and City staff conferred with. The comprehensive "notebook" would outline Pacific Bell's current cabinets, as well as, the newly designed replacement cabinets. Additionally, it would' contain the name and telephone n~mber of a contact person should the City of Tustin need to report any problems. Pacific Bell further understood, and agreed to, at the September 14 meeting, that by "blanket" approval of the contents of a "notebook," the design review process would no longer be required in the future for those specified cabinets. But it would still obligate Pacific Bell to proceed through the Encroachment Permitting process, of which Pacific Bell agreed to. · · Pacific Bell is once again demanding further clarification surrounding this issue. The clarification that both Pacific Bell and Southern California Edison our looking for, may well only be the re-wording of the Staff report. The area in question falls on page 4 of the October 4, 1999 staff report in the last paragraph The concern focuses on the section that states, "Stuff sent letters indicating that s~brrfitta! of a comprehensive notebook would not waive ~¥ of the requirements in the guidelines." Tiais sentence causes concern became Pacific Bell feels that this statement as written, is in d/rect confl/ct with Cornr~ion~ Pontious's recommendations, as well as, the agreement that was reached and understood by the utility providers. Mayor Tracy Wills Worley Page 2 As a result, Pacific Bell would like to'request that tkis issue be delayed from Council vote, so that Pacific Bell may continue to work w/th City Staff in developing the best and most comprehensive Ordinance for thc City and its citizenry.. Once again, thank you for your continued t/mc and assistance on this very important issue. As both concerned business partners and corporate citizens of the City of Tustin, the oppomm/ty alIowed assisting staff in accomplisking a tm/form set of above 'ground guidelines has been a serious task. By doing so, it assists Pacific Bell in accomplish/ng our objectives, which are to provide the best telecommun/cations service quality available to your valued citizens. Cordially, // ; ( ?Shn .. Stmna k_.//Dkector, External Affairs Cc: City Council Members William A. Huston, City Manager Elizabeth Binsack, Director, Community Development ATTACHMENT C Letter from Southern California Edison dated November 2, 1999 ;..':--~ ~ SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONALTM Company November 2, 1999 RECE! _'D CO IUNITY DEV OP ENT Kim Barone Seherer Region Manager Public Affairs Ms'. Elizabeth Binsack, Director Community Development Department City of TuStin 300 Centennial Way Tustin, CA 92780 Dear Elizabeth: On behalf of Sou~em California Edison (SCE), I would like to thank you for your consideration of concerns and suggested language modifications. Upon review of your most recent modified Above Ground Cabinet Desima Guidelines, SCE is supportive of the suggested changes. We would, however, like to offer some clarification language for Section 3 [el regarding the comprehensive manual, which I have attached for your consideration. As indicated in our previous discussions, SCE cannot target specific locations for above ground cabinets until a customer request is received. Additionally, the type of screening required is somewhat dependent upon location. As stated in our recent meeting with you, SCE will comply v~dth the City's guidelines, as specified in Section 4.1 and 4.3. We believe compliance for location, line of sight and screening can be addressed through the Encroachment Permit ProCess. The amendment we offer would address this issue. Once again, I would like to express our sincere appreciation to you, Tim Serlet, Director of Public Works, and your staff for your willingness to address our concerns regarding this important issue. Please don't hesitate to contact me if you require any additional clarification or information. Sincerely, Attachment CC: Bill Huston, City of Tustin Tim Serlet, City of Tustin Larry Todd, SCE 1325 S. Grand Ave. Santa Aha. CA q2705 7 ) 4-973-5548 Fax 714-973-5752 baronck~scc.com SUGGESTED LANGUAGE AMENDMENT November 2, 1999 Above Ground Cabinet Desi~ma Guidelines SECTION 3' PROCESS c. "A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement cabinets that meet each of the requirements of Section 3(b)(1)(2), and (3) above. The manual shall contain sufficient information to verify compliance with the above requirements such as ~.pe and siz~ Upon approval of the comprehensive 'manual, no Design.Review fee will be required and the applicant shall obtain an Encroachment Permit. The screening and location of the cabinet(s) shall compl, v with thc provisions of Section 4.1 and Section 4.3 of these guidelines and compliance shall be determined through the /Encroachment Permit process. ATTACHMENT D Existing Cabinets · Overcoucen~rafion o£ CabJaets , /VI w D Cx~~r' Overconcentration of Cabinets Overconcentration and Excessive Height Adjacent to Residential Side/Front Yard ATTACHMENT E Ordinance No. 1213 ORDINANCE NO. 1213 ]4 2O 22 24 25 2'/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING REGULATIONS FOR ABOVE GROUND CABINETS WITHIN THE CITY'S RIGHT OF WAY. The City Council of the City of Tustin does hereby ordains as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows: A. Bo C. D. E, Currently there are no regulations and guidelines in place for the installation of above ground cabinets within the 'City's right of way. The adoption of permanent regulations and guidelines for above groUnd cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. Failure to implement above ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above ground cabinets being installed without controls needed to protect the public health, safety and community aesthetics. Traffic signal controller and irrigation controller cabinets are exempted since 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 must be located in close proximity to available power sources. The requirements and restrictions imposed by this Ordinance are necessary to protect the health, safety and aesthetics of the City of Tustin as follows: Design Review Approval for installation of Above Ground Cabinets within the City's Right of Way. The City's objective is to promote safety, aesthetics and land use compatibility between above ground cabinets and neighboring land uses. Above ground cabinets 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 cabinets are over concentrated in specific areas, or are close to intersections thus impacting motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design l0 12 15 16 18 19 20 22 23 24 25 26 27 28 29 Ordinance No. Page 2 of 5 Review allows the city to examine aesthetics issues by analyzing items such as height and bulk of the cabinets, colors, visibility, screening and relationship to adjacent structures, and design. o Screening Criteria and Guidelines. The City's objective is to promote and protect an aesthetic environment by requiring the use of subdued colors, non-reflective material 'and screening of the cabinet with landscape materials. 1 Site Selection Order of Preferer~ce. The City's objective is to promote and protect an aesthetic environment by requiring that above ground cabinets be located in areas that are the least obtrusive to the community. 4. Sign Restrictions. The City's objective is to promote aesthetics by restricting sign clutter. 5. Size Criteria: The City's objective is to promote aesthetics and safety. Limiting the size of above ground cabinets will reduce the visual impact associated with traffic and pedestrian safety. . Removal 'Required for Abandoned Cabinets. The City's objective is to promote and protect an aesthetic and safe environment by requiring cabinets be removed within ninety (90) days if they are not in use. Abandoned cabinets 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 cabinets. F. That a public hearing was duly noticed, called and held on this Ordinance by the Planning Commission on August 23rd, 1999. Section 2. Part 6 is hereby added to chapter 2 of Article 7 of the Tustin City Code to read as follows: PART 6 DESIGN REVIEW OF ABOVE GROUND CABINETS 726O PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain an aesthetically pleasing ~environment in the City's rights of way, including parkways and median islands, by regulating the location, size, color and other aspects of above ground cabinets that exceed a certain size. Above ground cabinets have proliferated in the City's rights of way in recent years. Such cabinets house a variety of uses: some contain controls for traffic signals, others contain electronics and wiring for cable television and telecommunications; others contain power sources. 10 14 15 16 17 18 19 2O 22 23 24 25 26 27 28 29 Ordinance ~ .13 Page 3 of 5 The cabinets are painted a variety of colors, come in varying heights, and 'can be noisy. Most cabinets are not screened. The result is visual clutter and increased noise along the City's right of way. Reasonable regulations for the height, location, color and other 'characteristics of such cabinets are necessary to promote the health and aesthetic welfare of the people of Tustin. 7261 DESIGN REVIEW REQUIRED Except for City traffic signal controller and irrigation controller cabinets, no person Shall locate a new above ground cabinet without compliance with the Design' Review requirements in Tustin City Code Section 9272 and' with this Part 6. This Design Review applies to existing and future franchisees and any other person who wishes to locate replacement or new above-ground cabinets in the public right of way. 'The installation of replacement cabinets or new cabinets shall comply with the Above. Ground Cabinet Design Guidelines described in Section 7263. Design review approval is required concurrent with or before an encroachment permit may be issued to permit installation of a cabinet. 7262 APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all cabinets to the Director of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors of the cabinets, screening, and noise levels anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application. 7263 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 Above Ground Cabinet Design Guidelines adopted by resolution of the City Council. The Director may conditionally approve or deny the Plan. Amendments to a Plan shall be reviewed and approved by the Director concurrent with or prior to issuance of an encroachment permit. Cabinets must be installed per the approved Plan. The noise from each cabinet shall comply with the City's noise regulations.. Cabinets that exceed the maximum size specified in the Above Ground Cabinet Design Guidelines may be administratively approved by the Director in compliance with the Design Review or Minor Adjustment/Administrative Variance process (in Tustin City Code Section 9272) if substantial evidence indicates that no other technologically feasible alternative exists. 12 14 15 ]6 ]8 ]9 20 22 23 24 25 26 27 28 29 Ordinance No. Page 4 of 5 7264 APPEALS Appeals of the Director's decisions may be taken and heard in accordance with Section 9272(0, Design Review Appeals, of the Tustin City Code. 7265 TERM/ABANDONMENT (a) An above ground cabinet is considered abandoned if it no longer provides service. If the rise of the cabinet 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. (b) Cabinets 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 cabinet owner's expense. (c) The Design Review approval shall remain valid for the term of the franchise agreement or as long as the encroachment permit is valid, if the franchise agreement or encroachment permit is terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the franchise agreement or encroachment permit (note - covered in (b) above) all cabinets shall be removed from the City's 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. PASSED AND ADOPTED by the City Council of' the City of Tustin at a regular meeting on the ~day of ,1999. Tracy Wills Wodey, Mayor Pamela Stoker City Clerk ATTACHMENT F Resolution No. 99-84 ]0 14 15 ]? 20 22 24 25 II. RESOLUTION NO. 99-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING ABOVE GROUND CABINETS DESIGN GUIDELINES The City Council of the City of Tustin 'does hereby resolve as follows: I. The City Council finds and determines as follows: A! That cable television companies servicing the City are eXpanding their services by adding high-speed digital telephone and data transmission (lntemet) 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. B, That currently no guidelines are in place to regulate the location, screening, and safety of above ground cabinets in the public right-of way. Ce 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. De That a public hearing was duly called, noticed and held by the Planning Commission on March 8, 1999, and August 23, 1999, and the Planning Commission recommended approval of the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. E. That public hearings were duly called, noticed and held by the City Council on October 4, 1999, and November 15, 1999. In adopting the Above Ground Cabinet Design Guidelines, the City Council 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. l0 ]4 20 2! 24 25 ~? Resolution No. Page 2 ~4 III. B. 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. C. 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. E. That the adoption of guidelines 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 City Council hereby adopts the Above Ground Cabinet Design Guidelines. These guidelines are to be followed when considering an Encroachment. Permit and/or Design Review application for the installation of above ground cabinets within the public right-of-way, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 15"' day of November, 1999. Tracy Wills Wodey Mayor Pamela Stoker City Clerk Exhibit A of Resolution No. 99-84 Above Ground Cabinets Design Guidelines ABOVE GROUND CABINET DESIGN GUIDELINES 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 1213) and regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to protect the health, safety and/Or welfare of the citizens of Tustin by reducing the potential for negative environmental impacts of above ground cabinets on the community. SECTION 2' APPLICABILITY The installation of new and replacement above ground cabinets in the City right-of-way, except those exempted by.Part 6 of Chapter 2 of Article 7 of the Tustin City Code, are regulated by these guidelines. SECTION 3: PROCESS Replacement Cabinets that are the Same' Size as Existing Cabinets ao Installation of replacement cabinets may be approved in conjunction with issuance of an Encroachment Permit provided the replacement cabinet is the same size or smaller than the existing cabinet and the cabinet complies with the height requirements set forth in Section 4.2 herein. New or Replacement Cabinets that are Larger than Existing Cabinets b, Installation of new cabinets or replacement cabinets that are larger than the existing cabinets may be approved in conjunction with issuance of a concurrent Encroachment Permit/Design Review application provided that each the following requirements are met: . . No cabinet may be located adjacent to a front yard area of a residentially zoned or used property. The cabinet complies with the height requirements set forth in Section 4.2 herein. No cabinet may be located in an area that obstructs line of sight at an intersection, driveway, or alley. Above Ground Cabinet De. . Guidelines Page 2 New or Replacement 'Cabinets that Cannot Comply with Requirements for Concurrent Encroachment Permit/Design Review [Section 3(b)] d. Installation of replacement' cabinets that are larger than the existing cabinet and cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 3(b)] require Design Review prior to issuance of Encroachment Permits. Installation of new cabinets that cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 3(b)] require Design'Review prior to issuance of Encroachment Permits. System Upgrades System upgrades which require substantial installation of new and replacement cabinets 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 cabinets shall be submitted concurrently with the Design Review application. SECTION 4: DESIGN REVIEW CRITERIA. Location, size, and screening of proposed cabinets will be considered by the Community Development Department in accordance with the following criteria: Section 4.1 Location ao Whenever feasible, cabinets should be installed underground. If it i's not technologically feasible to install a cabinet underground, the utility provider shall submit a letter of explanation regarding the hardship asso~ated with or unfeasibility of underground installation. ~e~ ~t t'ei ilma~~~~t m llfd~s%~ b~ b. When underground installation is not feasible, the following order of preference shall be considered for above ground installation of cabinets of any size: Cabinets should be located adjacent to non-residential properties in an area where no modification to the existing fight-of-way would be required and existing landscaping is present to screen the cabinet. . Cabinets should be located adjacent to side or rear yards of residential properties, preferably on major streets where no modification to the existing fight-of-way would be required and existing landscaping is present to screen the cabinet. Above Ground Cabinet D~ Page 3 _,.l Guidelines o Cabinets should be located as closely as possible to the shared property line between the front yards of residential properties where no sight distance from driveways would be obstructed. Co Consideration shall be given to the number of existing cabinets' within a particular area and overconcentration of cabinets shall be avoided. Overconcentration is defined as more than one (1) cabinet installed adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible: 1. Cabinets shall be located as far as possible from existing cabinets; and, e The cabinet owner/installer shall submit a letter of explanation regarding the hardship associated with or unfeasibility of installing the cabinet at a sufficient distance from an existing cabinet. do Cabinets located in parkway areas should be located at the same distance from the curb as other cabinets along the parkway to create a uniform setback distance and appearance. e. Cabinets shall not: o . Obstruct line of sight requirements at intersections or driveways. Obstruct or hinder opening of vehicle doors. Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained. Interfere with any existing or proposed improvement projects. Section 4.2 Height ao The height of any replacement cabinets that are larger than existing or new cabinets 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. The height of any replacement cabinets that are larger than existing or new cabinets located in non-residential areas will be considered on a case-by-case basis. Section 4.3 Screening ao In residentially zoned areas, cabinets shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching cabinet color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. Above Ground Cabinet Dc , Guidelines Page 4 bo Co 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 cabinet. AcCess openings shall face away from street frontages, whenever feasible. SECTION 5: STANDARD CONDITIONS OF DESIGN REVIEW APPROVAL Noise emanating fi'om an above ground cabinet shall not exceed the ,City,'s adopted Noise Ordinance standards. -: ~The cabinet owner company shall file the cabinet identification number, company name, person resPonsible for maintenance of the cabinet, and the phone number with the Public Works Department. ~_ms~_: aunauo~_~y.a~o~.me.! .... ~_co_m~renens~eImanum Co The above ground cabinet shall not bear any signs of advertising deVices (other than certification, warning or other reetuired seals or signage). do Cabinets shall be constructed or treated with appropriate mater/als which discourage or repel graffiti and the cabinet owner shall be responsible for removing graffiti from cabinets within 48 hours. Cabinet owners shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. eo Any removal of landscaping necessary to install the above ground cabinet shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. The utility provider or cabinet installing entity shall be responsible for reconstruction of in-kind facilities within the City's fight-of-way that are damaged or modified during installation of cabinets. ge In accordance with Section 9265 of the Tustin City Code, an above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall not/fy the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. he In accordance with Section 9265 .of the Tustin City Code, cabinets 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 operator's expense. In accordance with Section 9265 Of the Tustin City Code, the Design Review approval shall remain valid for the term of the franchise agreement or as long as the Encroachment Permit is valid. If the franchise agreement or Encroachment Permit is terminated, notice Above Ground Cabinet L Page 5 Guidelines and evidence thereof shall be provided to the Community DevelOPment Director. Upon termination or expiration of the franchise agreement or encroachment permit, all cabinets shall be removed from the City's fight-of-way. jo 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 cabinets that will be installed and the estimated start and ending dates of construction. ko The cabinet 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. \\COMM_DEV~VOL1 ~SHARED\CDD.RDA\CDD\ORDINAN~cabinetguidelinesl 1-99.doc