HomeMy WebLinkAbout20 ABOVE GD CABINETS 12-06-99~o. 20
12-06-99
DATE:
DECEMBER 6, 1999
inter-Oom
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1213, ABOVE GROUND CABINETS
SUMMARY: Proposed Ordinance No. 1213 will approve regulations for the
installation of above ground cabinets in the public right-of-way.
RECOMMENDATION'
Have second reading by title only and adoption of Ordinance No. 1213 (roll call
vote).
BACKGROUND:
The following Ordinance No. 1213 had first reading by title only and introduction
at the November 15, 1999 City Council meeting:
ORDINANCE NO. 1213 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR ABOVE GROUND
CABINETS WITHIN THE CITY'S RIGHT-OF-WAY
,,.
Valerie Crabill
Chief Deputy City Clerk
i:MEMOORD
ORDINANCE NO. 1213
l0
]4
l?
2O
24
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,
Do
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
10
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Ordinance No.. ,- 13
Page 2 of 4
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.
.
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.
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.
.
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
13
14
15
16
17
19
20
21
22
23
24
25
26
27
28
29
Ordinance Nv. ~- 13
Page 3 of 4
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.
10
13
14
17
18
19
2O
21
22
23
24
25
26
27
28
29
Ordinance No. 1213
Page 4 of 4
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 6m day of December, 1999.
Tracy Wills Worley, Mayor
Pamela Stoker
City Clerk