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HomeMy WebLinkAbout05 Design Review 2013-12 - AT&T Utility CabinetsAGENDA REPORT US.�1 MEETING DATE: JANUARY 28, 2014 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 2013 -12 APPLICANT: AT &T CALIFORNIA 1265 N. VAN BUREN STREET, ROOM 180 ANAHEIM, CA 92807 PROPERTY OWNERS: CITY OF TUSTIN (23 LOCATIONS) VENTURANZA DEL VERDE HOA (ONE LOCATION) LAURELWOOD HOA (ONE LOCATION) LOCATION: CITYWIDE ITEM # 5 REQUEST: A REQUEST TO INSTALL 25 ABOVEGROUND UTILITY CABINETS IN, OR ADJACENT TO, THE PUBLIC RIGHT -OF- WAY IN VARIOUS LOCATIONS THROUGHOUT TUSTIN TO HOUSE AND OPERATE LIGHTSPEED EQUIPMENT FOR U- VERSE SERVICE. ENVIRONMENTAL: AS CONDITIONED, THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15303 (CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). PC Report January 28, 2014 DR 2013 -12 Page 2 RECOMMENDATION: The Planning Commission may take one of the following options: 1. Should the Commission desire to approve all 25 proposed cabinets, as conditioned: • Adopt Resolution No. 4235 approving Design Review 2013 -12 to install and operate 25 utility cabinets (combination of aboveground and flush- mounted underground), located at various locations within or adjacent to the public right -of -way; 2. Should the Commission desire to require that all 25 proposed cabinets be underground and flush- mounted, as conditioned: • Adopt Resolution No. 4235A approving the installation and operation of 25 flush- mounted underground utility cabinets, located at various locations within or adjacent to the public right -of -way; or 3. Should the Commission desire to deny Design Review 2013 -12: • Direct staff to prepare a resolution of denial with associated findings for consideration by the Commission at the next regularly scheduled Planning Commission meeting. APPROVAL AUTHORITY: Section 7262 of the Tustin City Code requires Design Review approval for new aboveground utility facilities and their accessory equipment located on public property and in the public right -of -way. Section 9272 of the Tustin City Code requires Design Review approval prior to the issuance of any building permit for any new structure. Although the Tustin City Code authorizes the Community Development Director to consider the proposed project, this project has been deferred to the Planning Commission for consideration. BACKGROUND: On December 6, 1999, the City Council adopted Ordinance No. 1213 and Design Guidelines to regulate power supply equipment for telecommunication facilities within the City's right -of -way. The 1999 Guidelines did not regulate utility facilities attached to utility poles, street light poles, or other structures within the public right -of -way. In addition, the 1999 Guidelines did not address aboveground utility facilities located on public properties such as parks, community facilities, or other City -owned properties. PC Report January 28, 2014 DR 2013 -12 Page 3 Current Ordinance and Guidelines On November 19, 2001, the City Council adopted Ordinance No. 1232 and the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right -of -Way. Ordinance No. 1232 and the Design Guidelines were developed with significant input from several utility providers, including AT &T. Ordinance No. 1232 establishes application requirements and designates the Community Development Director as the reviewing authority. In general, the 2001 Guidelines address facility location, screening, signs, accessory equipment, required removal, undergrounding, and set forth a review process as follows: • Location. Aboveground utility facilities should be placed in locations where there is little or no interference with public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties. • Stealth Facility. Except for street light poles being used solely for providing illumination, all other aboveground utility facilities shall be designed as stealth facilities with concealed antennas to be placed within, on, or attached to existing structures such as buildings, utility poles, light poles, utility towers, freestanding signs, score boards, towers, or fencing and shall blend into the surrounding environment or be architecturally integrated into the existing structures. • Co- location. Where possible, aboveground utility facilities shall be co- located with existing utility facilities. The same is applicable for any existing utility facilities that are located underground within the public right -of -way. Utility providers, with permission to occupy the same structure or public right -of -way, shall co- locate their utility facilities either aboveground or underground. • Colors. Any part of a utility's facilities visible to public view shall have subdued colors and non - reflective materials which blend with surrounding materials and colors and shall be covered with an anti - graffiti material, when appropriate. • Screening. For building- or structure - mounted facilities, screening shall be compatible with the existing architecture, color, texture, and /or materials of the building or structure. • Landscaping. When landscape screening is proposed or required, the landscaping shall be compatible with the surrounding landscape area and shall be of a type and variety capable of screening the utility facilities. All landscaping shall be adequately maintained which includes, but is not limited to: trimming, mowing, weeding, fertilizing, regular watering, and replacement of diseased or dead plants. PC Report January 28, 2014 DR 2013 -12 Page 4 • Signs. Signs for utility facilities shall comply with the City of Tustin Sign Code. • Accessory Equipment. Accessory equipment associated with the operation of the utility facilities shall be designed, located, and made part of the structures (i.e. as part of the base or support structure) or be located within buildings, enclosures, or cabinets. • Required Removal. The City, in accordance with the Lease Agreement of License, Right -of -Way Agreement, or Encroachment Permit, as applicable, reserves the right to require the removal or relocation of any aboveground utility facility when determined to be necessary to protect the public health, safety, and welfare by giving ninety (90) days notice. • Undergrounding. The City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. AT &T Lightspeed /U -verse In 2005 and 2006, the City authorized 16 new or replacement AT &T utility cabinets through the encroachment permit process. At that time, the cabinets were identified as part of the repair and maintenance of existing systems. Upon discovery of the need to install over 93 new cabinets citywide, the City required AT &T to submit a design review application. In 2007, AT &T California submitted an application for Design Review 07 -004 to install 16 aboveground utility cabinets in the public right -of -way as part of Phase One of a comprehensive citywide master plan that identified a total of 93 locations. The application was reviewed with respect to safety, lines of sight, Americans with Disabilities Act compliance, environmental impacts, aesthetic impacts to the public right -of -way and adjacent properties, and compliance with the requirements of the City's Design Guidelines for Aboveground Utility Facilities. Design Review 07 -004 was denied by the Community Development Director on April 5, 2007. Following the denial, AT &T and City staff met and visited several sites for possible altemative locations and screening. However, AT &T did not move forward with Project Lightspeed in Tustin. Continuation of Design Review 2013 -12 The Planning Commission considered Design Review 2013 -12 at their meeting of November 12, 2013, and continued the item to January 28, 2014, to provide the applicant the opportunity to fully address items of Commission concern, including: providing art/screening on the cabinets, the proposal's violation of the fundamental intent of Ordinance No. 1232 and the Design Guidelines, the lack of desire or ability to co- locate U- Verse and SAI cabinets, AT &T's inability to demonstrate the feasibility of undergrounding PC Report January 28, 2014 DR 2013 -12 Page 5 the cabinets at each location, noise levels from the existing cabinets and the potential impact of additional cabinets on quality of life, the effect of additional cabinets within the community on the character of the community, safety concerns related to disabled access in rights -of -way and sidewalks, and the need for a schedule of maintenance. The minutes of the November 12, 2013, meeting are attached for reference (Attachment D). In response, AT &T submitted a brief letter addressing some of the Commission's concerns (Attachment E). As noted in the letter, AT &T is not willing to allow art on any of its cabinets, nor place the cabinets underground. AT &T has not addressed all of the Commission's concerns, and is requesting that the Commission only consider some of the proposed locations at this time. Staff recommends that the Commission consider all of the originally proposed 25 locations to avoid piecemealing (dividing a project into smaller projects), which is specifically prohibited by the California Environmental Quality Act (CEQA) in Public Resources Code Section 21159.27 in qualifying for CEQA exemptions (Attachment F). DISCUSSION: The applicant, AT &T California, has indicated that they would like to resume Project Lightspeed in Tustin and is proposing to install up to 25 aboveground utility cabinets in, or adjacent to, the public right -of -way in various locations throughout Tustin to house and operate its Lightspeed equipment for its U -verse service. AT &T U -verse is a subscription entertainment and communication program that integrates phone, internet, and television services. AT &T has indicated that the proposed U -verse cabinets for its Lightspeed project must be within several thousand feet of residential customers and in close proximity to the existing service area interface ( "SAI ") cabinets to use the existing copper distribution network and maintain sufficient signal speed and quality. Each U -verse cabinet is able to serve up to about 400 residences. According to the Design Review Manual submitted by AT &T as part of their application, there are three types of Lightspeed cabinets. Two of these cabinets are approximately four feet tall, four feet wide, and two feet deep. The third cabinet is also about four feet tall, but is about five feet wide and almost six feet deep. The larger cabinet is basically a combination of two cabinets and is used when a larger cabinet is preferred over two smaller cabinets in separate locations. AT &T is proposing the smaller cabinet depicted in the center of the exhibit (Page 6). In addition, the proposed application unilaterally states that undergrounding is not feasible. AT &T asserts that even if the cabinets are placed underground within a controlled environment vault ( "CEV" ), an access hatch of approximately four feet by three and a half feet by six and half feet would be above ground, thereby defeating the primary purpose for undergrounding the equipment. Although a general explanation for the inability to underground the proposed cabinets was submitted, the alternatives for each location have not been explored. PC Report January 28, 2014 DR 2013 -12 Page 6 .W.. AT &T Lightspeed Cabinets It is unclear at this time whether AT &T plans to submit additional design review applications for additional locations in the future. It should be noted again that 93 utility cabinets were once identified as necessary to serve the City of Tustin, and now only up to 25 cabinets are being proposed. These 25 cabinets could serve approximately 10,000 residences, which is only about one third of the total number of residences in the City, and this does not take into account the business locations in the City. It is also not known whether AT &T plans to use the existing SAI cabinets at all locations or replace some of the existing SAI cabinets with larger SAI cabinets (see Attachment A — Design Manual). According to AT &T, replacement may be necessary if the existing SAI is in poor condition and /or unable to provide the necessary capacity for the new Lightspeed service. Photo - simulations of each of the proposed locations are included in Attachment A. (It should be noted that no photo simulation was submitted for the location at 13742 Newport Avenue, and that the aerial image submitted for 1432 Foresterra Lane does not depict the correct location.) The majority of the locations (23 of 25) are within the public right -of -way or within public parks. Two of the locations are adjacent to the public right -of -way within landscape areas owned and maintained by homeowners associations. All except two of the locations are directly adjacent to residences. Staff has reviewed each of the 25 proposed utility cabinet locations and has categorized the locations as follows: 1) Locations that comply with the City's Guidelines if conditions are imposed: 16502 Alliance Avenue 1402 Bryan Avenue (Pine Tree Park) 14492 Cherrywood Lane (HOA) 301 West First Street 1432 Foresterra Lane (behind) 13742 Newport Avenue 2850 -2870 Ballesteros Lane (behind) 14742 Carlax Avenue 1212 Drayton Avenue 560 West First Street 10751 Holderman Court (behind) 14552 Raintree Lane PC Report January 28, 2014 DR 2013 -12 Page 7 14737 Red Hill Avenue 1831 Roanoke Avenue 1842 Roanoke Avenue (Centennial Park) 13332 Tiburon Way (behind) 13521 Yorba Street (opposite) 13712 Yorba Street 14662 Yorba Street 2) With suggested alternative locations, cabinet locations that comply with the City's Guidelines if conditions are imposed: • 13611 Red Hill Avenue (Option 2 acceptable) • 15805 Myrtle Avenue (Option 1 acceptable) 3) Locations that do not comply with City Guidelines unless cabinets are undergrounded (flush- mounted) or alternative locations are proposed: • 1371 Kalua Lane o The proposed location is along the street side of a private residential property with one existing cabinet. The proposed location interferes with the public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties in that the proposed cabinet would be located directly in front of the side yard of a residence and between two driveways. o The proposed location appears to obstruct the line of sight for the adjacent residential driveways. 1448 Valencia Avenue o The proposed location is along the street front of a private residential property with two existing cabinets. The proposed location interferes with the public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties in that the proposed cabinet PC Report January 28, 2014 DR 2013 -12 Page 8 would be located directly in front of a residence and where two existing utility cabinets are located. • Kensington Park Drive (vacant lot across from Fire Station No. 37) o The proposed location is along the street front of a future shopping center. The proposed location interferes with the public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties in that the proposed cabinet may obstruct future egress /ingress and /or signage for the future shopping center. • 2906 Ballesteros Lane o The proposed location is directly across the street from another proposed location. It is unclear whether two cabinets are being requested in the vicinity of Ballesteros Lane and Robinson Drive. PC Report January 28, 2014 DR 2013 -12 Page 9 o The proposed location is on private property owned and maintained by the Venturanza Del Verde Homeowners Association (HOA). Their approval will be required for this location. o The proposed location is within a landscaped area that serves as a focal entry point to the Venturanza Del Verde community. Public Utilities Code Pursuant to Public Utilities Code Section 7901, AT &T has the right to "construct lines . . along and upon any public road or highway ... within the State." Nevertheless, AT &T does not have unfettered right to place whatever facilities it wishes anywhere in the public right of way. Indeed, Section 7901 also expressly provides that telephone companies such as AT &T "may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines in such manner and at such points as not to incommode the ,public use of the road ... [Emphasis Addedl." Further, Section 7901.1 of the Public Utilities Code expresses the Legislature's reaffirmation of this long standing hierarchy of public purposes: "[M]unicipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads [and] highways ... are accessed [by public utilities]." Tustin City Code Section 7260 et seq. is the City's legislative method of implementing the City's obligation under law to consider the time, place, and manner in which the City's streets and rights -of -way may be accessed. City staff is concerned with the number and method of placement of utility boxes in the public right -of -way for several reasons, including: Safety, accessibility, proliferation, visibility, clutter, and aesthetics. The following photographs of poorly placed or designed utility boxes in two other Orange County communities demonstrate the importance of the design review process. PC Report January 28, 2014 DR 2013 -12 Page 10 Utility Cabinets in Other Orange County Cities DESIGN REVIEW The pending action before the Planning Commission is a Design Review of a total of 25 proposed aboveground cabinet locations. Unlike some actions that are before the PC Report January 28, 2014 DR 2013 -12 Page 11 Planning Commission, such as Conditional Use Permits, Use Determinations, Variances, etc. the focus on the use of the land, the pending action is whether the proposed improvement meets the design criteria and guidelines adopted by the City Council. Generally, there are two provisions of the Tustin City Code that apply to proposed action: 1) Design Review under Section 9272 of Tustin City Code, and 2) Design Review of Aboveground Utility Facilities on Public Property and in the Public Right of Way under Section 7260 and Resolution 01 -95: Design Guidelines for Aboveground Utility Facilities and their Accessory Equipment. Design Review (TCC 9272) Within the provisions of Section 9272 et seq., to ensure that the location, size, architectural features, and general appearance of proposed new developments and /or structures will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole, the City Council adopted a Design Review process and procedures. In reviewing a proposed project, the Design Review requires that the following items be considered: 1) Height, bulk, and area of proposed structure — The proposed aboveground utility cabinets, each with a height of about four feet, a width of about four feet and a depth of about two feet, are larger in size than, but similar in appearance to, other utility cabinets in the public right -of -way in Tustin. 2) Setbacks and site planning — Of the 25 proposed locations, 21 are within the public right -of -way, two are within homeowner association landscape areas, and two are within public parks. Aboveground cabinets will be conditioned to not obstruct line of sight requirements, obstruct or hinder the opening of vehicle doors or obstruct disabled access. 3) Exterior material and colors — The proposed cabinets are constructed of metal and each cabinet is conditioned to be of a color that blends with its surroundings. 4) Towers and antennae — No towers or antennae are proposed. 5) Landscaping and parking area design and traffic circulation —The proposed cabinets within public parks and homeowners association landscape areas are required to be screened with landscaping. Parking area design and traffic circulation are not directly impacted. 6) Location and appearance of equipment located outside of an enclosed structure — Four of the proposed cabinets are required to be undergounded. The remaining 21 cabinets are required through conditions of approval to be adequately screened or of a color that blends with its surroundings. PC Report January 28, 2014 DR 2013 -12 Page 12 7) Physical relationship of proposed structure to existing structures — The proposed cabinets would be located in close proximity to existing residences, fences, and walls, but would not be located in front or a residence or adjacent to an open side yard of a residence. 8) Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed cabinets are required to be of a color that blends with adjacent landscape features and structures and may be required in areas such as Old Town, to be made available for public art in the future. 9) Development guidelines and criteria as adopted by the City Council — As conditioned, the proposed cabinets comply with the City Council's adopted Design Guidelines for Aboveground Utility Facilities. Design Review Pursuant to Aboveground Utility Facilities Guidelines (TCC 7260 and Resolution 01 -95) Section 7262 of the Tustin City Code requires approval of a Design Review for new aboveground utility facility located on public property (Attachment B). The design criteria for these types of facilities are outlined within City Council Resolution No 01 -95 (Design Guidelines for Aboveground Utility Facilities and their Accessory Equipment). The criteria include items such as location, stealth facility, co- location, colors, screening, landscape, signage, accessory equipment, removal of abandoned structures, and undergrounding. The following provides an analysis of the proposed improvement in relationship to the approved criteria. 1) Location — 18 of the 25 proposed locations are placed where there may be less interference with public use of the properties or property owners who adjoin the properties. Seven of the 25 proposed locations would significantly impact the use of private property and the reasonable convenience of property owners by creating safety hazards, impacting line of sight, creating visual clutter, and /or impeding pedestrian access. However, optional locations were proposed at two of these seven locations, such that these concerns have been minimized. For the remaining five locations, conditions have been included in Resolution No. 4235 to require undergrounding, an alternative location, or landscaping (primarily for the proposed public park and homeowners association landscape locations). 2) Stealth Facility — The proposed cabinets are not stealth in design and the designs are not intended to integrate with existing structures or blend with the surrounding environment. Condition 2.12 of Resolution No. 4235 requires all cabinets to be of a color that blends with adjacent surroundings. In some locations, landscaping is required. 3) Co- location - The proposed cabinets are not integrated with existing cabinets and no co- location alternative was submitted. When technologically feasible, co- location requests shall be considered and a good faith effort shall be made to accommodate the request. PC Report January 28, 2014 DR 2013 -12 Page 13 4) Colors — As conditioned, each cabinet will be required to be of a color that blends with its surrounding environment. 5) Screening /Landscaping — No screening method or landscaping was proposed for the cabinets. Pursuant to Condition No. 2.20 of Resolution No. 4235, landscaping may be required at select locations. 6) Signage — Only signage related to certifications and warnings will be allowed on each cabinet in accordance with proposed Condition No. 2.5 of Resolution No. 4235. No advertising would be permitted on the cabinets. 7) Accessory Equipment — The power pedestals are integrated with the proposed cabinets. 8) Required Removal — Pursuant to the 2001 Guidelines, the cabinet could be required to be removed if necessary to protect public health, safety, and welfare. 9) Undergrounding — Pursuant to the 2001 Guidelines and as conditioned, the City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. The proposed application unilaterally states that undergrounding is not feasible. Although a general explanation for the proposed cabinets was submitted, the alternatives for each location have not been explored. Undergrounding Pursuant to the 2001 Guidelines, the City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. The submitted application materials state that undergrounding is not feasible for various reasons (Attachment C). Although a general explanation for this infeasibility was provided, the alternatives for each location have not been fully explored, and AT &T has not provided credible evidence that the equipment is not able to be placed underground and be flush- mounted. In addition, AT &T has commonly placed other types of its communication equipment underground, including facilities in Tustin as shown below. Underground AT &T Facility in Tustin PC Report January 28, 2014 DR 2013 -12 Page 14 According to the applicant, Lightspeed equipment that is placed underground must be placed within a controlled environment vault (CEV). These vaults typically measure 16 feet by 10 feet by six feet and have an aboveground access hatch which extends about four feet above ground level. The applicant has indicated that factors, including the need for backup power, lighting, gas testing, ventilation, cooling, alarms, emergency water pumping, and waterproofing limit the feasibility of placing the Lightspeed cabinets in a flush to grade vault. In accordance with the City's Guidelines, cabinets that cannot be effectively screened should be located underground. To allow the proposed cabinets that are not effectively screened to locate in the City's right -of -way would set a precedent such that other providers would ignore the City's guidelines. Should the Commission require all of the 25 proposed cabinets to be placed underground, Resolution No. 4235A has been provided for the Commission's consideration. Public Art In other communities, utility cabinets have been used as a "canvas" for public art. These original art pieces contribute to the vitality and attractiveness of the communities, while deterring graffiti. Although public art may not be desirable in all locations throughout the City of Tustin, there may be locations in Old Town Tustin, or in some of the City's planned communities or specific plan areas, where public art could positively contribute to the aesthetic appearance of the cabinets and serve as a method of screening, while also highlighting the heritage or image of the neighborhood. Many California cities, including Berkeley, San Diego, San Luis Obispo, and Santa Ana have implemented public art programs for utility boxes. Communities often manage these programs through their arts commissions and invite local artists and students to submit applications which are then reviewed based on criteria such as appropriateness of scale, form, content, and the artist's experience and excellence. In Santa Ana, where the program was recently launched, the initial pilot phase of the program will be focused on Santa Ana's downtown, with a $700 stipend per utility box and up to $200 in reimbursement for supplies to be paid for by the City. PC Report January 28, 2014 DR 2013 -12 Page 15 Examples of Public Art /radian Anima /s [.LJa+� PC Report January 28, 2014 DR 2013 -12 Page 16 Pursuant to the 2001 Guidelines, the use of various screening techniques shall be applied to screen equipment. Public art is one of the methods available to achieve a stealth facility. The City of Tustin may consider adopting a public art program in the future and may reserve the right to require public art on the proposed utility boxes by requiring through Condition 2.14 of Resolution No. 4235 that AT &T make its proposed utility cabinets available for public art purposes and provide the funding for the public art. It should be noted that AT &T has unilaterally indicated that it would not accommodate public art on its utility cabinets. Survey of other Communities City staff conducted a survey of Orange County cities and selected cities nationwide regarding the implementation of AT &T's U -verse service in other communities. Information was obtained from thirty (30) cities. Of the responding cities, one city (Huntington Beach) requires utility equipment to be installed underground in certain designated areas of the city, and the City of San Francisco requires utility equipment in its historic neighborhoods to be installed underground, inside buildings, or in basements. Public Noticing A courtesy public meeting notice identifying the time, date, and location of the continued public meeting for the proposal was mailed on January 17, 2014, to all owners of property within 100 feet of each of the 25 proposed sites. A public meeting notice was also posted at City Hall on January 20, 2014. ENVIRONMENTAL: With the conditions of approval in Resolution No. 4235, this project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15303, Class 3. However, if potential impacts are not minimized through the conditions of approval, the proposed project would require further environmental review and may require the preparation of an Initial Study and Negative Declaration or Environmental Impact Report. ADDITIONAL FINDINGS: In general, in determining whether to approve the Design Review for the proposed 25 aboveground utility cabinets, the Planning Commission must find that the location, size, architectural features, and general appearance of the proposed aboveground utility facilities will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole. The specific findings the Planning Commission must make as required by the Tustin City Code and Resolution No. 01 -95 are included in Resolution No. 4235 in Attachment G and discussed above. A decision to approve this request, as conditioned, may be supported by the following additional findings: PC Report January 28, 2014 DR 2013 -12 Page 17 1) When located within residential areas, the proposed cabinets that are aboveground are located adjacent to side or rear yards of residential properties and along major streets, which minimizes potential aesthetic, access, and safety impacts. 2) The proposed cabinet locations comply with Tustin City Code Section 7260 related to Design Review of Aboveground Utility Facilities on Public Property and in the Public Right -of -Way and with City Council Resolution No. 01 -95 establishing Design Review guidelines for aboveground utility facilities on public property and in the public right -of -way. 3) The location, size, and general appearance of the proposed cabinets, as conditioned, are compatible with the surrounding area in that the cabinets would be underground, screened with landscaping, or of a color that blends with its surroundings. 4) The proposed cabinets will provide coverage to areas that are currently deficient of the AT &T U -verse service. CONCLUSION: Staff has presented three options for the Planning Commission's consideration. The first option would approve Design Review 2013 -12 to install and operate 25 aboveground utility cabinets (Resolution No. 4235), the second option would require that all 25 proposed utility cabinets be installed underground and be flush- mounted (Resolution No. 4235A), and the third option would direct staff to prepare a resolution denying Design Review 2013 -12. The findings for each option are or will be provided in the respective resolutions for consideration. ott Reekstin Elizabeth A. Binsack Principal Planner Community Development Director Attachments: A. Submitted Plans — Photograph Simulations and Design Manual B. Tustin City Code 7260 et al and Resolution No. 01 -95 C. Letter dated August 28, 2013 D. Planning Commission November 12, 2013, Meeting Minutes E. Letter dated January 6, 2014 F. Public Resources Code Section 21159.27 G. Resolution Nos. 4235 and 4235 A ATTACHMENT A SUBMITTED PLANS - PHOTOGRAPH SIMULATIONS AND DESIGN MANUAL 15701 Tustin Village Way (Williams Street and Alliance Way) - Tustin ( 16502- Alliance -Avenue-) 15701 Tustin Village Way (Williams Street and Alliance Way) - Tustin 15701 Tustin Village Way (Williams Street and Alliance Way) - Tustin nnpc.: m.p.p„pi..e.,,,m.v�ai...aum. 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I on.nO N.Ca on 1- Rim: . sVY 1— West Connector (Valencia Ave and Kensington Park Dr) — Tustin SVY 1— West Connector (Valencia Ave and Kensington Park Dr) — Tustin [me vun�rmlo�n.rc.arw�c. � •,tmt . 15805 Myrtle Ave and McFadden Ave - Tustin .I- ..". •.p Y , " ♦w'. . —., d.. c.*. .. WT11111i LN 1, 15805 Myrtle Ave and McFadden Ave -Tustin 15805 Myrtle Ave and McFadden Ave - Tustin 15805 Myrtle Ave and McFadden Ave - Tustin 15805 Myrtle Ave and McFadden Ave - Tustin 15805 Myrtle Ave and McFadden Ave - Tustin 13742 Newport Ave and San Juan Street -Tustin 13742 Newport Ave and San Juan Street - Tustin 14552 Raintree Lane and WalnutAve - Tustin 14552 Raintree Lane and Walnut Ave - Tustin Y �n.�,�nlwnm�ause. o. eJm: - 14552 Raintree Lane and Walnut Ave - Tustin a 13611 Red Hill Ave and Lance Dr— Tustin e r NA -Od :2 ago u ' �'- I I � I A I :t.8% 04/ S` 13611 Red Hill Ave and Lance Dr— Tustin �, a,,I 13611 Red Hill Ave and Lance Dr— Tustin 14737 Red Hill Ave and Sycamore Ave - Tustin 14737 Red Hill Ave and Sycamore Ave - Tustin e = ^• - iw�alo�u.u.e.i.ka y • tuns 1831 Roanoke Ave and Oxford Ave - Tustin 1831 Roanoke Ave and Oxford Ave - Tustin 1842 Roanoke Ave and Oxford Ave - Tustin 1842 Roanoke Ave and Oxford Ave - Tustin Y �w i r,m wwxa 4 .. ,=, . 13351 Parkcenter Lane and Maricopa — Tustin C 13332ri burcn G.)o Go,)ole Pa :A :creJLamaam]r[oGa,Tcv:a. 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SVY 1 — Valencia North Loop Rd (Valencia Ave and Columbus Square) — Tustin ( (qq$ (%(,IM64, Ave) SVY 1— Valencia North Loop Rd (Valencia Ave and Columbus Square) — Tustin 13521 Yorba Street and Santa Clara Ave - Tustin 13521 Yorba Street and Santa Clara Ave - Tustin 13712 Yorba Street and Bonner Rd - Tustin 13712 Yorba Street and Bonner Rd - Tustin 13712 Yorba Street and Bonner Rd - Tustin 14662 Yorba Street and Amaganset Way - Tustin Go,1gle 1Aff]YoM1La^rrct[L ' mCA o m 14662 Yorba Street and Amaganset Way— Tustin 14662 Yorba Street and Amaganset Way— Tustin RECENED SP- 5 2013 COMMUNITY OEVEWPNILNT BY: DESIGN REVIEW MANUAL ATFtT CALIFORNIA ABOVE GROUND FACILITIES 2013 at &t Nue i of 22 "SAI" (Serving Area Interface) Puac 2 of 22 17 4220 E Dimensions WidtlJl leiphUDeplh 36 ;x19' „x18 Pegs 3 of 22 4220 F SERIES i i 4' i 49 314' 17 v4' Single -sided Cabinet 18^ r —r— cs^ 27^ Page 4 of 22 4220 G SERIES i I 49 Double -sided Cabinet Page 5 of 22 1) 4220 -KIKF a Paac 6 of 22 4220 KIF SERIES jw In 69 3/4" 17' 1A" Single-sided Cabinet 118" 45" 27' Page 7 or 22 4220 K SERIES 043/4 17 Double -sided Cabinet Page 8 of 22 4230 LF SERIES ® I , 9 Single -sided Cabinet 1h^ Page 9 of 22 4230 L SERIES Double -sided Cabinet Pagc 10 of 22 LIGHTSPEED CABINETS Pine 11 of 22 "recommended pad size shown ALP -24BU W /POWER METER DETAIL (48" LOW PROFILE) Page 12 of 22 g �e: rim ALP -24BU W /POWER METER DETAIL (48" LOW PROFILE) Page 12 of 22 ALP -448 W /DETACHED POWER METER 6 Pape 13 of 22 ALP - 248 -LA Cabinet Dimensions Cabinet: ALP - 248 -LA External Dimensions Height: 48 inches (1219 mm) Width: 51.7 inches (1313 mm) Depth: 26 inches (660 mm) Page 14 of 22 VSEM VSEM DIMENSIONS 38 IN. LONG BY 26 IN. WIDE BY 24 IN. HIGH Pagc 15 of 22 32.3" ALP -130NP ALP- 1 3ONP 2° PaP 16 or22 POWER PEDESTAL Pagc 17 of 22 I 2 q_„ -I Pagc 18 of22 PEDESTALS Pa-e 19 or 22 CPLM 6, 8 and 10 pedestals: Note- the 6, 8, 10 references the width. We are using the 8" "MAX Pugc 20 of 22 MULTI - PURPOSE HOUSING Pagc 21 of 22 MULTI - PURPOSE HOUSING (CMPH) 33" 2t[&711 4T Dimensions: Overall (dome on): Above ground: Below ground: 48 "H x 27"W x 14.5'D 39 "H x 27M x 14.5'D 9 "H x 27"W x 14.5D Pagc 22 of 22 ATTACHMENT B TUSTIN CITY CODE 7260 ET AL AND RESOLUTION NO. 01 -95 Municode Page 1 of 3 Tustin, California, Code of Ordinances >> ARTICLE 7 - PUBLIC FACILITIES >> CHAPTER 2 - HIGHWAYS >> PART 6 DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBL THE PUBLIC RIGHT-OF-WAY >> PART 6 DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF- WAY 7260 PURPOSE AND FINDINGS 7261 LEASE AGREEMENT REQUIRED 7262 DESIGN REVIEW REQUIRED 7263 APPLICATION FOR DESIGN REVIEW 7264 DESIGN REVIEW PROCESS 7265 APPEALS 7260 PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain a safe and aesthetically pleasing environment in the public right -of- way and on City -owned properties by regulating the location, color, screening, and other aspects of aboveground utility facilities. Aboveground utility facilities come in a variety of forms that include, but are not limited to, cables, wires, conduits, ducts, pedestals, and antennae to transmit, receive, distribute, provide, or offer utility services. Their accessory equipment typically is contained in enclosures, cabinets, artificial rocks, or boxes to house a variety of uses such as controls for signals, electronics, and wiring for cable television and telecommunications, or power sources. Often these facilities are located aboveground an existing structures such as utility or light poles and have the tendency to proliferate to ensure user coverage. Such proliferation can result in visual clutter, blocking visibility to signs and other structures, preventing access for the disabled, distracting motorists travelling along the right -of- way, and creating noise. Reasonable regulations for locating the aboveground utility facilities and their accessory equipment are necessary to promote the health and aesthetic welfare of the people of Tustin. Reasonable compensation for permitting private use of public property and the public right -of -way is also necessary to offset the right -of -way maintenance costs. (Ord No. 1232, Sec. 2, 12 -3 -01) 7261 LEASE AGREEMENT REQUIRED No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground utility facilities and their accessory equipment in, above, beneath, or across any public property, exclusive of the public right -of -way, without first obtaining a Lease Agreement or License in accordance with the Design Guidelines. Franchises and Right -of -Way Agreements for telecommunication facilities in the public right -of -way are governed by State and Federal regulations and pertinent provisions of Chapter 7 of Article 7 of the Tustin City Code. (Ord. No. 1232, Sec, 2,12-3-01) littp: /l library. municode .comlprint.aspx ?h = &clientlD = 11307 &HTMRequest= http°t%3 a %2f °le2flibrary.mu... 11/05/2013 Municode 7262 DESIGN REVIEW REQUIRED Page 2 of 3 No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground utility facilities and their accessory equipment without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This requirement applies to existing and future franchisees and any other person who wishes to locate replacement or new aboveground utility facilities and their accessory equipment on public property and in the public right -of -way. Aboveground utility facilities located within Redevelopment Project areas shall be consistent with the respective redevelopment plans. No Design Review approvals or any permits can be issued unless the Redevelopment Agency can make a finding of conformity. Existing aboveground utility facilities and accessory equipment installed prior to the effective date of this ordinance shall not be subject to this requirement. (Ord. No. 1232, Sec, 2, 12 -3 -01) 7263 APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all aboveground utility facilities including their accessory equipment located in cabinets, enclosures, or boxes to the Director of Community Development ( "Director "). Information shall also be provided as to the dimensions, proposed colors, screening materials, noise levels, and whether there will be interference with the public radio system anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application as established by the City Council for a Design Review application. (Ord. No. 1232, Sec. 2,12-3-01) 7264 DESIGN REVIEW PROCESS Upon the application being found complete by the Director, or designee, the Director or designee shall review the plan (the "Plan ") using the criteria set forth in the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right -of -way adopted by resolution of the City Council. If the utility facilities are to be located within redevelopment areas, then a finding of conformity by the Redevelopment Agency would need to be made prior to the Director's consideration of the Design Review. The Director may conditionally approve or deny the application. Amendments to the Plan shall be reviewed and approved by the Director concurrent with or prior to issuance of an Encroachment Permit, Lease Agreement or License, as provided for in the Design Guidelines, or Right -of -Way Agreement as defined in Chapter 7 of Article 7 of the Tustin City Code. The aboveground utility facilities and their accessory equipment must be installed pursuant to the approved Plan. The noise generated from the aboveground utility facilities, including their accessory equipment, shall comply with the City's noise regulations. (Ord. No. 1232, Sec. 2, 12 -3.01) 7265 APPEALS Any person may appeal any decision of the Director in accordance with Section 9294 of this Code. (Ord. No. 1232, Sec. 2, 12 -3 -01; Ord, No. 1366, Sec, 16, 11 -17 -09) 7266 TERM /ABANDONMENT (a) An aboveground utility facility is considered abandoned if it no longer provides service. If the use of the facility is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than thirty http://Iibrary.municode.com/ print. aspx? h= &clientID= 11307 &HTMRequest= httpo,%3 a %2N /o2flibrary.mu... 11/05/2013 Municode Page 3 of 3 (30) days after the discontinuation of use. If no notification is provided to the City, the facility shall be deemed discontinued. (b) Aboveground utility facilities, including their accessory equipment, that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. All affected areas shall be restored to their original condition at the operator's expense. (c) The Design Review approval shall remain valid for the term of the Lease Agreement, License, Right -of -Way Agreement, or as long as the Encroachment Permit is valid. If the Lease Agreement, License, Right -of -Way Agreement, or Encroachment Permit is terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the Lease Agreement, License, Right -of -Way Agreement, or Encroachment Permit, the aboveground utility facilities, including their accessory equipment, shall be removed from the public property or the public right -of -way. (Ord. No. 1232, Sec. 2, 12 -3.01) http: / /library.municode.com/ print. aspx?l i= &clientlD= 11307 &HTMRequest= http%3 a%2P/o2flibrary.mu... 11/05/2013 RESOLUTION NO. 01 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA AMENDING RESOLUTION NO. 99 -84 BY ADOPTING DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES AND THEIR ACCESSORY EQUIPMENT ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT -OF -WAY. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That telephone, Internet, cable, and personal wireless telephone (cellular) servicing the City are expanding and upgrading their services and will require installation of additional equipment such as aboveground accessory equipment, antennas attached to utility poles, street light poles, or other structures on public properties or in the public right -of -way. B. On December 6, 1999, the City Council adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power supply equipment within the public right -of -way. These guidelines do not regulate utility facilities located aboveground such as antennas attached to utility poles, street light poles, utility towers, or other structures within the public right -of -way. C. Currently, there are no guidelines in place for aboveground utility facilities on public properties such as parks, community facilities, or othetlCity -owned properties. New comprehensive guidelines are needed to establish design criteria prior to installation of aboveground utility facilities on public properties or in the public right -of -way. D. That guidelines and development standards are needed to promote and protect the public health, safety, and general welfare and preserve and enhance the quality of the City relating to the orderly development of aboveground utility facilities and their accessory equipment. E. That a public hearing was duly called, noticed, and held by the Planning Commission on September 10, 2001, and the Planning Resolution No. 01 -95 Page 2 Commission recommended approval of the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right -of -Way and Ordinance No. 1232, F. That a public hearing was duly called, noticed, and held by the City Council on October 1, 2001, and continued to October 15, 2001, November 5, 2001, and November 19, 2001. II. In adopting the Design Guidelines for Aboveground Utility Facilities on Public Property and in the Public Right -of -Way, the City Council finds and determines: ° A. That the guidelines provide standards that mitigate impacts typically associated with installation of aboveground utility facilities and their accessory equipment on public property and in the public right -of- way, including measures to reduce their visual impact. B. That due to the potential for over- concentration and proliferation of aboveground utility facilities, particularly in residential neighborhoods where these facilities are highly visible and thus may impact the visual character of the neighborhood, the criteria established in the guidelines are necessary to promote the welfare of the community. C. That the guidelines require approval of an Encroachment Permit and /or Design Review process which would ensure that aboveground utility facilities and their accessory equipment are developed in an orderly manner with respect to location, size, and screening. D. Traffic signal controller cabinets are exempted because they are different in nature and function and provide essential services. The traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. Irrigation controller cabinets are also exempted because they must be located in close proximity to available power sources. E. That street light poles being used solely to provide illumination are exempted because the nature of the service they provide must be located aboveground and that they provide essential services for the safety of motorists and pedestrians. F. That fair and reasonable compensation shall be secured for permitting private use of public properties by utility providers. Resolution No. 01 -95 Page 3 G. That it is appropriate for the City Manager, on behalf of the City Council, to accept discretionary applications for use of public properties and /or public right -of -way. N. That the Director of Community Development should be authorized to approve, approve with conditions, or deny the Design Review application in accordance with the Design Guidelines adopted herein. For projects located within redevelopment project areas, the Redevelopment Agency shall make a finding of conformity to the respective redevelopment plans concurrently or prior to consideration of the Design Review application. No Design Review approvals shall be granted without a finding of conformity by the Redevelopment Agency. i. A Final Negative Declaration has been prepared and adopted in accordance with the provisions of the California Environmental Quality Act (CEQA). III. The City Council hereby amends Resolution No. 99 -84 by adopting the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right -of -Way attached hereto as Exhibit "A" to be followed when considering an Encroachment Permit and /or Design Review application for the installation of aboveground utility facilities and their accessory equipment on public properties and in the public right -of -way. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 19`h day of November, 2001. Tracy Wil orley Mayor Pamela Stoker City Clerk Exhibit A of Resolution No. 01 -95 Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right -of -way DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT -OF -WAY SECTION 1: PURPOSE AND INTENT The purpose of these guidelines is to implement Part 6 of Chapter 2 of Article 7 of the Tustin City Code (Ordinance No. 1232) and regulate the placement and design of aboveground utility facilities and their accessory equipment in conjunction with any City - permitted use of public properties and public right -of -ways. These guidelines are intended to protect the health, safety, aesthetics, and welfare; and secure fair and reasonable compensation for permitting private use of public property. SECTION 2: DEFINITIONS For purposes of these guidelines, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used indicates otherwise. "Aboveground Accessory Equipment" or "Accessory Equipment" means any aboveground equipment located in enclosures, cabinets, artificial rocks, boxes, or other structures to facilitate the operation of their associated utility facilities. "Aboveground Utility Facility" or "Utility Facilities" means any aboveground public or private plant, equipment, and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, utility poles, street-ttght- pales; utility towers, or other structures and their supports, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer utility services. This does not include street light poles being used solely for providing illumination, but This - Includes facilities fef such as personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7). "City" means the City of Tustin. "Council" means the City Council of the City of Tustin. "Co- location" means the locating of more than one aboveground utility facility provider on a single structure - mounted, roof - mounted, or ground- mounted utility facility. "Director" means the Community Development Director of the City of Tustin. "Grantee" means a person who has been granted a Lease Agreement or License pursuant to this policy and guidelines. "Interference" means any instances of Interference with public safety radio equipment preventing clear radio reception which includes, but is not limited to, static, unwanted signal, and distortion of sounds or reception. Exhibit A of Resolution No. 01 -95 Page 2 "Lease Agreement or License" means a contract agreement between the City and a person pursuant to this policy and guidelines. The contract may be in the form of a lease if the City owns a fee interest in the property or in the form of a license if the City has a leasehold interest in the property. "Modification" means an alteration of an existing utility facility that changes its size, location, shape, or color. This is not intended to include replacement of a facility with an Identical facility or the repair of the facility. "Person" means and includes, but is not limited to, corporations, companies or associations, firms, partnerships, limited liability companies, and individuals and includes their lessors, trustees, receivers, and successors in interest. "Public property means any property in which the City of Tustin and /or the City's Redevelopment Agency holds a legal interest, except the public right -of -way. "Public right -of -way" means and includes all public streets, sidewalks, and utility easements now or hereafter owned in fee or easement by the City. "Public Works Director" means the Director of Public Works of the City. "Right -of -way Agreement" means a contract granted to a person pursuant to Chapter 7 of Article 7 of the Tustin City Code as follows: (1) a license in the case of a telecommunications provider that will not serve areas or persons within the City, or (2) a franchise in the case of a telecommunications provider that will serve areas or persons within the City, as it may be amended. "Stealth Facility" means any aboveground utility facility which is disguised to appear as another natural or artificial man -made objects such as trees, clock towers, score boards, etc. that are prevalent in the surrounding environment or which are architecturally integrated into buildings or other concealing structures. "Utility Provider" means and Includes any person that proposes to or does own, control, operate, or manage plant, equipment, or any other facility on public property or in the public right -of -way for the provision of an utility service. "Utility Service" means and includes any electrical, gas, heat, water, telephone, pipeline, sewer, or telegraph services or commodity, where the service is performed for, or the commodity delivered to, the public or any portion thereof. SECTION 3: APPLICABILITY These guidelines regulate the installation of new and replacement aboveground utility facilities and their accessory equipment on public properties or in the public right -of- way. Exhibit A of Resolution No. 01 -95 Page 3 SECTION 4: PROCESS 4.1 Application Process The City Manager or designee may accept a discretionary application for use of public property and /or public right -of -way for aboveground utility facilities and process the application in accordance with Tustin City Code Section 9272 related to the Design Review process. At the City Managers sole discretion, a request to submit an application may be denied. Authorization to submit an application does not commit the City to approve the proposed use. Upon the application being found complete by the Community Development Director ( "Director') or designee, using the criteria set forth in these guidelines and Tustin City Code Section 9272, the Director may approve, conditionally approve, or deny the application. The Director reserves the right to, or if required will, forward any application to the Planning Commission and /or City Council for consideration and action. For projects located within redevelopment project areas, a finding of conformity to the respective redevelopment plans shall be made concurrently or prior to consideration of the Design Review application. No approvals shall be granted unless the Redevelopment Agency can make a finding of conformity. Upon the approval of the application, the Grantee shall obtain all applicable permits prior to installation of the aboveground utility facilities and their accessory equipment including, but not limited to, Lease, License, Right -of -Way Agreement under Chapter 7 of Article 7 of the Tustin City Code, electrical permit, building permit, Encroachment Permit, owner authorization, and other required permits by the City or any other agencies such as Federal Aviation Administration (FAA), Federal Communication Commission (FCC), Public Utility Commission (PUC), or other County, State or Federal agencies. However, existing franchises or agreements need not be reconsidered by the City Council unless the franchise agreement requires such consideration. 4.2 Design Review a. Design Review approval in accordance with Tustin City Code Section 9272, shall be required prior to the placement, construction, installation, operation, establishment, or modification of any aboveground utility facilities on public property and in the public right -of -way. b. A Design Review application shall be accompanied with a statement to indicate that the utility facilities will not interfere with the public safety radio equipment. if interference occurs after the installation, the utility providers shall take immediate action to eliminate the interference and pay all associated fees for compliance. C. Design Review approval shall remain valid for the term of the Lease Agreement or License and /or Right -of -Way Agreement including any Exhibit A of Resolution No. 01-95 Page 4 extension thereof or as long as the Encroachment Permit is valid. Upon termination or expiration of the Lease Agreement or License, Encroachment Permit, Right -of -Way Agreement or upon the failure of Grantee to build the facility within 180 days of its approval, the Design Review approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. d. Design Review approval for aboveground accessory equipment associated with the operation of the utility facilities shall be considered in accordance with the process and criteria as outlined in Section 7 of these guidelines. e. in addition to the information requested in the Development Application Form, the following items shall be required for an aboveground utility facility: 1. A statement providing the reason for the location, design, and height of the proposed aboveground utility facilities; 2. Evidence satisfactory to the City demonstrating location or co- location is infeasible on existing structures, light or utilities poles /towers, and existing sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs; 3. A photo simulation of the proposed aboveground utility facility in true scale; 4. A site plan showing the locations of all proposed and existing aboveground utility facilities; 5. A screening plan showing the specific placement of landscaping or any other proposed screening materials to be used to screen the aboveground utility facilities, including the proposed color(s); and, 6. A signed statement that the applicant agrees to allow for co- location of additional aboveground utility facilities on the same structures or within the same site location, or whether such co- location is infeasible, and the reasons for such infeasibility. f. Comprehensive Manual for Aboveground Utility Facilities. 1. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground utility facilities that meet each of the requirements of Section 5 of the Design Guidelines. The manual shall contain sufficient information to verify compliance with Section 5. When a project is located within a redevelopment project area, the comprehensive manual submitted to the Community Development Department shall be Exhibit A of Resolution No. 01 -95 Page 5 routed to the Redevelopment Agency for a finding of conformity to the respective redevelopment plan. Upon approval of the comprehensive manual, the applicant shall comply with Section 4.1 with respect to obtaining applicable permits. 2. Installation of subsequent aboveground utility facilities in accordance with an approved comprehensive manual shall not be subject to a new Design Review process. SECTION 5: DEVELOPMENT GUIDELINES Aboveground utility facilities on public property and in the public right -of -way shall be placed in accordance with criteria listed below. Aboveground accessory equipment located inside cabinets, enclosures, artificial rocks, boxes, or other structures shall be subject to criteria listed in Section 7 of these guidelines. The following criteria shall apply: a. Location: Aboveground utility facilities on public property and In the public right -of- way shall be placed in locations where there is little or no interference with public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties. b. Stealth Facility. Except for street light poles being used solely for providing Illumination, all other aboveground utility facilities shall be designed as stealth facilities with concealed antennas to be placed within, on, or attached to existing structures such as buildings, utility poles, light poles, utility towers, freestanding signs, score boards, towers, or fencing and shall blend into the surrounding environment or be architecturally integrated. C. Co- location. Aboveground utility facilities shall be co- located with existing aboveground utility facilities where possible. Whenever any existing utility facilities are located underground within the public right -of -way, the utility providers with permission to occupy the same public right -of -way shall co- locate their utility facilities underground. d. Colors. Any part of aboveground utility facilities visible to public view shall have subdued colors and non - reflective materials which blend with surrounding materials and colors and shall be covered with an anti - graffiti material, when appropriate. e. Screening. For building- or structure- mounted facilities, screening shall be compatible with the existing architecture, color, texture, and /or materials of the building or structure. f. Landscaping. When landscape screening is proposed or required, the landscaping shall be compatible with the surrounding landscape area and shall be a type and variety capable of screening the aboveground utility facilities. All landscaping areas shall be adequately maintained which includes, but is not limited to: trimming, Exhibit A of Resolution No. 01 -95 Page 6 mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. g. Signs. Any signs attached to aboveground utility facilities shall comply with the City of Tustin Sign Code. h. Accessory Equipment. Accessory equipment associated with the operation of the utility facilities shall be designed, located and be made part of the structures (i.e. as part of the base or support structure) or be located within buildings, enclosures, or cabinets in accordance with Section 7 of these guidelines. I. Required Removal. The City, in accordance with the Lease Agreement or License, Right -of -Way Agreement, or Encroachment Permit, as applicable, reserves the right to require the removal or relocation of any aboveground utility facility when determined to be necessary to protect public health, safety, and welfare by giving ninety (90) days notice. j. Undergrounding. The City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. SECTION 6: DEVELOPMENT STANDARDS Development standards, including height limits for any aboveground utility facility on public property and in the public right -of -way, shall be determined pursuant to the Design Review process. SECTION 7: ABOVEGROUND ACCESSORY EQUIPMENT Aboveground accessory equipment for aboveground utility facilities located inside cabinets, enclosures, artificial rocks, boxes, or other structures shall be subject to the following criteria: 7.1 Process a. Replacement Aboveground Accessory Equipment that are the Same Size as Existing Aboveground Accessory Equipment. Installation of replacement aboveground accessory equipment shall be approved in conjunction with issuance of an Encroachment Permit, provided the replacement aboveground accessory equipment is the same size or smaller than the existing aboveground accessory equipment and the aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. b. New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that are Larger than Existing Aboveground Accessory Equipment. Exhibit A of Resolution No. 01 -95 Page 7 Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the existing aboveground accessory equipment may be approved in conjunction with issuance of a concurrent Encroachment Permit/Design Review application, provided that each the following requirements are met: 1. No aboveground accessory equipment may be located adjacent to a front -yard area of a residentially zoned or used property. 2. The aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. 3. The aboveground accessory equipment complies with the requirements of the Americans with Disabilities Act. 4. No aboveground accessory equipment may be located in an area that obstructs line of sight at an intersection, driveway, or alley. C. Comprehensive Manual in Lieu of a Design Review. 1. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground accessory equipment that meets each of the requirements of Section 7.1(b) above. The manual shall contain sufficient information to verify compliance with the above requirements such as type and size of the proposed aboveground accessory equipment. When a project is located within redevelopment project areas, the comprehensive manual submitted to the Community Development Department shall be routed to the Redevelopment Agency for finding of conformity to the respective redevelopment plans. Upon approval of the comprehensive manual, the applicant shall obtain an Encroachment Permit. The Community Development and Public Works Departments shall review the Encroachment Permit application. 2. Installation of aboveground accessory equipment in accordance with an approved comprehensive manual shall not be subject to a Design Review process. d. New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that cannot comply with Requirements for Concurrent Encroachment Permit/Design Review [Section 7.1 (b)]. Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the existing aboveground accessory equipment and cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 7.1(b)j require a Design Review prior to issuance of Encroachment Permits. Exhibit A of Resolution No. 01 -95 Page 8 e. System Upgrades System upgrades which require substantial installation of new and replacement aboveground accessory equipment shall require Design Review approval prior to issuance of Encroachment Permits when Design Review is required by these guidelines. A comprehensive Master Plan depicting the locations of all new and replacement aboveground accessory equipment shall be submitted concurrently with the Design Review application. 7.2. Development Guidelines Location, size, and screening of proposed aboveground accessory equipment will be considered by the Community Development Department in accordance with the following criteria: a. Location 1. Whenever feasible, accessory equipment should be installed underground. If it is not technologically feasible to install accessory equipment underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or infeasibility of underground installation. One letter may be included in the comprehensive manual described in Section 7.1(c) for all proposed accessory equipment within the manual. 2. When underground installation is not feasible, the following order of preference shall be considered for aboveground installation of accessory equipment of any size: a. Aboveground accessory equipment should be designed as stealth facility. b. Aboveground accessory equipment should be located adjacent to non - residential properties in an area where no modification to the existing right -of -way would be required and existing landscaping is present to screen the accessory equipment. C. Aboveground accessory equipment should be located adjacent to side or rear yards of residential properties, preferably on major streets where no modification to the existing right -of -way would be required and existing landscaping is present to screen the accessory equipment. d. Aboveground accessory equipment should be located as closely as possible to the shared property line between the Exhibit A of Resolution No. 01 -95 Page 9 front yards of residential properties where no sight distance from driveways would be obstructed. 3. Consideration shall be given to the number of existing aboveground accessory equipment within a particular area and over - concentration of aboveground accessory equipment shall be avoided. Over- concentration is defined as more than one (1) aboveground accessory equipment installed adjacent to the same side of a property. if a sufficient distance separation Is not technologically feasible: a. Aboveground accessory equipment shall be located as far as possible from existing aboveground accessory equipment; and, b. The accessory equipment owner /installer shall submit a letter of explanation regarding the hardship associated with or unfeasibility of installing the aboveground accessory equipment at a sufficient distance from existing aboveground accessory equipment. 4. Aboveground accessory equipment located in parkway areas should be located at the same distance from the curb as other aboveground accessory equipment along the parkway to create a uniform setback distance and appearance. 5. Aboveground accessory equipment shall not: a. Obstruct line of sight requirements at intersections or driveways; b. Obstruct or hinder opening of vehicle doors; C. Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained; d. Interfere with any existing or proposed improvement projects. 7.3 Height a. The height of any replacement aboveground accessory equipment that are larger than existing or new aboveground accessory equipment to be located adjacent to the front, side, or rear yards of residentially zoned properties may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas. Exhibit A of Resolution No. 01 -95 Page 10 b. The height of any replacement aboveground accessory equipment that are larger than existing or new aboveground accessory equipment located ,in non - residential areas will be considered on a case -by -case basis. 7.4 Screening a. In residentially zoned areas, aboveground accessory equipment shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching accessory equipment color or applied paint, texturing, or faux finishing, or other techniques shall be applied In accordance with manufacturer recommendations. b. The use of crash posts is discouraged. However, if shown to be necessary, the exterior finish of the crash post should be painted the color of the aboveground accessory equipment. C. Access openings shall face away from street frontages whenever feasible. 7.5 STANDARD CONDITIONS OF APPROVAL a. Noise emanating from aboveground accessory equipment shall not exceed the City's adopted Noise Ordinance standards. b. The accessory equipment owner /company shall file the accessory equipment identification number, company name, person responsible for maintenance of the accessory equipment, and the phone number with the Public Works Department. This information may be included in the comprehensive manual described in Section 7.1(c) of these guidelines. C. The aboveground accessory equipment shall not bear any signs of advertising devices (other than certification, warning, or other required seals or signage). d. Aboveground accessory equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the accessory equipment owner shall be responsible for removing graffiti from accessory equipment within forty -eight (48) hours. Accessory equipment owners shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. e. Any removal of landscaping necessary to install the aboveground accessory equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. Landscape materials located in a public parkway shall be maintained by the adjacent property owner and landscape materials located on public properties or in the public right -of- way shall be maintained by the City, unless provided for in a Lease or License Agreement and /or Right -of -way Agreement. Exhibit A of Resolution No. 01 -95 Page 11 f. The utility provider or accessory equipment installing entity shall be responsible for reconstruction of in -kind facilities within the public right -of- way that are damaged or modified during installation of aboveground accessory equipment. g. Prior to installation, the utility provider shall provide notification to adjacent property owners within a one hundred (100) foot radius indicating the type, location, and size of aboveground accessory equipment that will be installed and the estimated start and ending dates of construction. h. The aboveground accessory equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. SECTION 8: ABANDONMENT An aboveground utility facility and /or its accessory equipment is considered abandoned if it is no longer in service or is in default pursuant to default provisions in any Lease Agreement, License, Right -of -Way Agreement or any other applicable agreements or licenses. A written notice of the determination of abandonment by the City shall be sent or delivered to the Grantee. The Grantee shall have ninety (90) days to remove the facility at the Grantee's sole cost and expense or provide the Community Development Department with evidence that the use has not been discontinued. Such removal shall be in accordance with proper health and safety requirements. If the use of the aboveground utility facility and /or its accessory equipment is discontinued for any reason, the Grantee shall notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. Aboveground utility facilities and their accessory equipment that are no longer being used shall be removed within ninety (90) days after the discontinuation of use. Such removal shall be in accordance with health and safety requirements. All disturbed areas shall be restored to original conditions at the Grantee's expense. If the facility is not removed within the required ninety (90) day period, the City shall be entitled to remove the facility at the Grantee's sole cost and expense. The Grantee shall execute such documents of title to convey all right, title, and interest in the abandoned aboveground utility facility and its accessory equipment to the City. SECTION 9: LEASE AGREEMENT OR LICENSE All persons wishing to construct, attach, install, operate, maintain, or modify a aboveground utility facility and its accessory equipment on public property, exclusive of the public right -of -way, in which the City has ownership, easement, leasehold, or any other possessory interest after approval of a Design Review application shall obtain a Lease Agreement or License and any other approval required under these guidelines. A Lease Agreement or License shall be subject to approval of the City Attorney's office and the City Manager's office as to the specific terms and conditions required. City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 01 -95 I, PAMELA STOKER, City Clerk and ex- officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01- 95 was adopted at a regular meeting of the City Council held on the 19' day of November, 2001, by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Bone, Doyle, Kawashima COUNCILMEMBER NOES: None COUNCILMEMBER. ABSTAINED: None COUNCILMEMBER ABSENT: None 72moOQ � - Pamela Stoker, City Clerk ATTACHMENT C LETTER DATED AUGUST 28, 2013 August 28, 2013 ,lustina Willkom City of Tustin 300 Centennial Way Tustin, CA 92780 Re: AT &T Lightspeed Facility information Dcar Ms.Willkom: 1, SEP - 5 2M COMMUNITY DEVELOPMENT 6Y: Per your request, the following provides additional information as to why AT &T cannot place its Lightspeed cabinets underground. Technical Requirements Lightspeed technology consists of high -speed electronic circuitry needed to light the fiber- optics and convert the fiber signal to a bandwidth that can be transmitted over copper to residences. As such, if it were placed underground, it would have to be in a controlled environment, free From moisture and excessive temperature extremes. It would also have to be placed in a vault or enclosure large enough for regular access by Our technicians for routine maintenance and repair. Just like you could not bury your personal computer in your backyard and expect it to function (al least not for long), AT &T cannot simply bury the cabinct with this technology underground. In addition, the Lightspeed technology must be placed in close proximity to residential customers in order to use the existing copper distribution network and maintain sufficient signal speed and quality. To do so, the fiber connection and Lightspeed equipment have to be within several thousand feel of the residences in the vicinity of our existing service area interface (" SAF) cabinets. There are multiple SAls in Tustin's residential neighborhoods that could potentially be paired with a Lightspeed cabinct. Therefore, as discussed in more detail below, placing a nen, CEV at each of these locutions is not a viable option. AT &T currently does have some controlled environment vaults (`CEV") that can be used to deploy Lightspeed technology in certain limited circumstances, i.e., where a CEV already exists, has available space, and is in close proximity to our residential customers. The existing CEVs are not flush to grade in any event, and the above ground hatch may actually be larger than Our Lightspeed cabinets. Practical Considerations Given the need for u controlled environment and technician access, any underground structure housing the Lightspeed equipment would have to be extremely large. Existing CEVs typically measure 16' x 10' x 6', and 4' x 3'6` x 6'S' of which is above ground. There is clearly not enough room in the residential public riglus of wiry of Tustin for these large underground Vaults. The vaults would block use of the rights of'way by other Utilities, including City water and server, creating traffic issues during construction and after completion when being accessed by our technicians. In addition, the above ground Lightspeed cabinet was designed to fit within the right of way usually behind or in the sidewalk area. The access point for -,in underground vault would most likely extend into the road portion of* the right of zvay creating significant safety concerns. As noted above, other factors limiting the feasibility of placing the Lightspeed cabinets in it flush to grade vault include the need for backup power, lighting, gas testing, ventilation, cooling, alarms, emergency water pumping, and waterproofing. As a result ol'these limitations, AT &T has traditionally not placed CEVs in close proximity to residential neighborhoods where the Lightspeed equipment must be deployed. Economic ractors In addition to the technological and practical reasons discussed above, it is not economically feasible to construct new CEVs tor the Lightspeed technology. Although our existing CEVs are very expensive to construct, the cost may bejustified because they serve thousands of customers. The Lightspeed cabinets, on the other hand, will serve only it few hundred customers and we will need many more of them. As each Lightspeed cabinet would still require a very large, expensive vault, it would not be economically feasible to place a new CEV for a single Lightspeed cabinet. We hope the above response answer your questions about this issue. Please let me know if you have any additional questions. Sincerely, Leslie Monty Area Manager AT&T California i'e1W GIN MIJil:41k to �7 Planning Commission November 12, 2013 Meeting Minutes MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION NOVEMBER 12, 2013 7:05 p.m. CALL TO ORDER Given INVOCATION /PLEDGE OF ALLEGIANCE: Commissioner Altowaiji ROLL CALL: Present: Chair Kozak Chair Pro Tern Thompson Commissioners Altowaiji, Lumbard and Smith Staff Present Elizabeth A. Binsack, Director of Community Development Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justine Willkom, Assistant Director of Community Development Scott Reekstin, Principal Planner Amy Stonich, Senior Planner Ryan Swiontek, Senior Planner Edmelynne V. Huffer, Senior Planner Adrienne DiLeva- Johnson, Senior Management Assistant Vera Tiscareno, Executive Secretary None PUBLIC CONCERNS Approved CONSENT CALENDAR: 1. APPROVAL OF MINUTES — OCTOBER 8, 2013, PLANNING COMMISSION MEETING. RECOMMENDATION: That the Planning Commission approve the minutes of the October 8, 2013 meeting as provided. Motion: It was moved by Thompson, seconded by Altowaiji, to move the Consent Calendar. Motion carried 5 -0. None PUBLIC HEARINGS r j REGULAR BUSINESS: Continued to 2. DESIGN REVIEW 2013 -12 —AT &T UTILITY CABINETS. January 28, 2014. Design Review 2013 -12 is a request to install 25 aboveground utility cabinets in, or adjacent to, the public right -of -way in various locations throughout Tustin to house and operate lightspeed equipment for U -Verse service. APPLICANT: AT &T California 1265 N. Van Buren Street, Room 180 Anaheim, CA 92807 PROPERTY OWNERS: City of Tustin (23 locations) Venturanza Del Verde HOA (one location) Laurelwood HOA (one location) LOCATION: Citywide ENVIRONMENTAL: With the conditions of approval in Resolution No. 4235, this project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15303, Class 3. However, if potential impacts are not minimized through the conditions of approval, the proposed project would require further environmental review and may require the preparation of an Initial Study and Negative Declaration or Environmental Impact Report. RECOMMENDATION: The Planning Commission may take one of the following options: 1. Should the Commission desire to approve all 25 proposed cabinets, as conditioned: • Adopt Resolution No. 4235 approving Design Review 2013 -12 to install and operate 25 utility cabinets (combination of aboveground and flush- mounted underground), located at various locations within or adjacent to the public right - of -way; 2. Should the Commission desire to require that all L_ 25 proposed cabinets be underground and flush - mounted, as conditioned: Minutes — Planning Commission November 12, 2013 — Page 2 of 7 • Adopt Resolution No. 4235A approving the installation and operation of 25 flush- mounted underground utility cabinets, located at various locations within or adjacent to the public right - of -way; or 3. Should the Commission desire to deny Design Review 2013 -12: • Direct staff to prepare a resolution of denial with associated findings for consideration by the Commission at the next regularly scheduled Planning Commission meeting. Reekstin Gave a presentation of the item. Commission questions /concerns generally included: residents input; masterplan; noise impacts; environmental impacts (trenching); size /number of cabinets in the future; wireless conduits; cabinet location; public art; colors of the cabinets; safety impacts in public right -of -ways; Time Warner's requirements; character of the community; quality of life impacts; lack of maintenance of existing facilities; and surrounding cities and their requirements. Binsack Commented on the three listed alternatives and stated staff recommends Resolution No. 4235A as the preferred alternative. Public comments: Judy Woolen, a consultant representing AT &T, spoke in favor of the utility cabinets and Video Ready Access Devices (VRADs). Stated after meeting with the City in August and October, the City referred AT &T to take the item to the Planning Commission. The applicant, Leslie Monty, spoke supporting AT &T and the item. She provided background information to the Commission. AT &T's intent is to eliminate excessive trenching with the Surface Area Interface (SAIs) and to find the most appropriate location to place the VRADs. Further questions by the Commission generally included: AT &T's masterpian for the cabinets; funding for 25 cabinets or more; trenching for the fiber optics; proximity between VRADs and SAIs; clarification on underground VRADs; art work/program; fiber optics; location of cabinets on residential property; and separating VRADs and SAIs. Mlnu(es — Planning Commission November 12, 2013— Page 3 or 7 Leslie Monty addressed each of the Commissioners questions /concems. Her comments generally included: there is an unknown additional number of cabinets in the future dependent upon AT &T's business plan; confirmed funding for 25 cabinets; possibility of trenching depending on proximity of the SAls and the VRADs; Southern California Edison would have to determine the power source for AT &T; AT &T does not typically trench where there is new fiber structure; there is no potential to house both the SAI and VRAD underground due to lack of technology; the cabinets come with an anti - graffiti coating therefore it would be a problem for the art program; at this time AT &T does not paint, or apply art to the cabinets. Bobak stated staff did not analyze the amount of trenching involved so staff is in no position to say whether or not the approval of this application would lead to additional trenching. it would depend on whether or not the trenching would be exempt, categorically, from CEQA. Paul Albarian, a resident, spoke expressing concern with regard to the proposed location of cabinets on Kalua Lane. Mr. Albarian's concern is the potential of AT &T placing cabinets on Kalua Lane, where there are currently none. Staff clarified the proposed location is actually on White Sand. Mr. Aibarian asked if the cabinets could possibly be 'doubled -up' at Pine Tree park to avoid impacting any homes. He also asked if all 25 locations would be necessary and inquired if they all be used. The Commission entered into deliberation of the item. The Commission's discussion generally included: Concern with 25 cabinets only serving 1/3 of the community; the inability to accommodate an art program; underground requirements; adhering to the Noise Ordinance; reluctance to approve above - ground cabinets at this time; co- location; lack of screening; other alternatives; would like to replicate what other cities are doing; residents should have the opportunity to use alternative resources (Time Warner, Cox, etc.); no vision on accommodating future development; public's input; and Commission needs to be cognizant of key points of City Council policy of location and number of above - ground cabinets and undergrounding as an option. Kozak Thanked staff and AT &T for working together and bringing the package to the Commission as well as the public comments. Called for a motion to continue the item. if item is continued, Minutes — Planning Commission November 12, 2013 — Page 4 or 7 1 t f staff and AT &T can continue to work together and address the Commission's concerns and bring back a better product for AT &T so that there is certainty in their future, and a better plan for the community which is in keeping with the policy direction from our City Council. Altowaiji Stated to send item back to staff to work with AT &T to address comments from the Commission and public. Thompson Thanked staff for the summary booklet and the presentation. Generally commented that AT &T would need to do more investment of time; four cabinet locations out of the 25 are not recommended for approval; art program is already in the resolution; concerned with looking at a master plan that is 'highly subject to change' if there are no plans to 'build'; asking for 'maintenance' is outside the guidelines being that the City is in compliance with the guidelines; the co- location of the cabinets; questioning if the Commission is extending the application of the guidelines. Lumbard Commended staff on their attempt to have cabinets underground. Requested clarification from Bobak on what the impact would be if the item was denied. Bobak A resolution would be needed to deny the application and AT &T would then have the opportunity to appeal with the City Council. A new application would then need to be submitted. Cannot re- submit the original application. Binsack If the Commission motions for the fourth alternative, then the Commission should identify the items of concern to be addressed at a future meeting. She summarized the items of Commission concern that needed to be addressed including: providing art/screening on the cabinets; proposal violates the fundamental intent of the guidelines and ordinance; no desire /inability to co- locate the two cabinets; AT &T has not demonstrated feasibility to underground cabinets at each location; noise levels from the existing cabinets and potential impact of additional cabinets and the quality of life; the character of the community based on the additional cabinets within the community; safety concerns with respect to disabled access in rights -of -ways and sidewalk areas; and schedule of maintenance. She noted if a fourth alternative is passed, she recommends it be brought to the January 28th meeting. Minutes — Planning Commission November 12, 2013 — Page 5 of 7 Motion: It was moved by Altowaiji, seconded by Kozak, to continue the item to the January 28, 2014 meeting to address the noted items. Motion carried 3 -2. Chair Pro Tern Thompson and Commissioner Lumbard dissented. STAFF CONCERNS: The Director reported as follows: • Mayor's Prayer Breakfast was held on 11/21 • Tustin Ranch Road Groundbreaking was held on 11/23 COMMISSION CONCERNS: Lumbard 0 Expressed the tragic events of the Philippine's typhoon "Yolanda ". Families and homes were destroyed. Please consider making a donation to the Red Cross; and • Month of November is designated month for " Movember" (for moustache) to raise awareness for testicular and prostate cancer. Altowaiji a Thanked Scott for the comprehensive report and all the effort staff put into the work. E 5 Smith & No concerns. Thompson 0 Attended the OCTA Citizens Advisory Committee; • Attended the Art Walk on 10/19 and gave a tour in Old Town. It was a very fascinating event; • Attended the Planning Officials Forum on 10/25. It was wonderful to see how City staff is involved. Learned about housing means for workers, alternate transportation, demographics. Fantastic presentation by a USC professor; • November 1st, attended Dino Dash — finished 5k in 22 minutes 43 seconds —15th Place; and • November 5 -8 attended Urban Land Institute in Chicago. It was a great forum: Workshops on development, age qualified, and healthy housing. Kozak 0 Attended the 61h Annual Art Walk. It was a great event; • Historic property presentation to the owners of the Primrose house on 'B' Street; • Attended the Planning Officials Forum on 10/24. Thanks to Elizabeth and other members; and • Recognized all soldiers, sailors, marines and airmen who have given their lives to our Country in the line of dutyl Minutes— Planning Commission November 12, 2013— Page 6 of 7 i i 3 9:03 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, November 26, 2013, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. IC1 :C Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission November 12, 2013 — Page 7 of 7 r ■L/_► Letter dated January 6, 2014 om January 6, 2014 Chairperson Steve Kozak Chairperson Pro Tern Jeff Thompson Commissioner Austin Lumbard Commissioner Ryder Smith Commissioner Wisam Altowaiji RE: Design Review 2013 -12 - AT &T Utility Cabinets AT &T would like to respond to the areas of concern expressed by the Planning Commission at their November 12, 2013 regular meeting. Our comments are below. Art on AT &T Utility Cabinets AT &T does not allow art on any of its above - ground utility cabinets, for several reasons. Many of AT &T's utility cabinets house active electronics and the application of art may seriously hamper performance of the electronics and void manufacturer product warranties. AT &T's Lightspeed cabinets are coated with a finish that minimizes the accumulation of dirt and soot and that reduces corrosion. Service Area AT &T's build statewide has to comply with the statewide build requirements of the Digital Infrastructure and Video Competition Act. This can result in changes to AT &T's build plans throughout the course of the build, and AT &T cannot make any commitment at this time about how much of the City will be covered by the Lightspeed upgrade. Noise Ordinance Exhibit A of Resolution No. 01 -95 Item 7.5 Standard Conditions of Approval (a) states "Noise emanating from above ground accessory equipment shall not exceed the City's adopted Noise Ordinance standards." AT &T's Lightspeed (VRAD) cabinets will be installed in compliance with the requirements of the City's Noise Ordinance. Screening /Landscape AT &T will provide landscape near Lightspeed cabinets in locations where landscaping and irrigation are already present. Drought- resistant vegetation will be used in a manner that will be compatible with the surrounding area. Landscaping requirements will be jointly agreed upon on a site -by -date basis between the City and AT &T. Above — Ground Installations AT &T's letter of August 28, 2013 explained why Lightspeed cabinets cannot be placed underground. A copy of this letter is attached. In closing, AT &T is requesting Planning Commission approval of the 18 proposed locations for VRAD installations that have been deemed acceptable and "in accordance with the Design Guidelines" as stated by City staff. AT &T is requesting these 18 locations be approved for above - ground installation. AT &T would like to work with City staff on the remaining 4 locations identified as being not acceptable in an effort to reach agreement on those locations. Thank you for your consideration of our request to approve the 18 locations deemed by City staff as being "in accordance with the Design Guidelines ". Sincerely, Leslie Monty Area Manager AT &T California cc: Elizabeth Binsack Scott Reekstin Justina Willkom at &t August 28, 2013 Justina Willkom City of Tustin 300 Centennial Way Tustin, CA 92780 Re: AT &T Lightspeed Facility Information Dear Ms. W illkom: Per your request, the following provides additional information as to why AT &T cannot place its Lightspeed cabinets underground. Technical Requirements Lightspeed technology consists of high -speed electronic circuitry needed to light the fiber- optics and convert the fiber signal to a bandwidth that can be transmitted over copper to residences. As such, if it were placed underground, it would have to be in a controlled environment, free from moisture and excessive temperature extremes. It would also have to be placed in a vault or enclosure large enough for regular access by our technicians for routine maintenance and repair. Just like you could not bury your personal computer in your backyard and expect it to function (at least not for long), AT &T cannot simply bury the cabinet with this technology underground. In addition, the Lightspeed technology must be placed in close proximity to residential customers in order to use the existing copper distribution network and maintain sufficient signal speed and quality. To do so, the fiber connection and Lightspeed equipment have to be within several thousand feet of the residences in the vicinity of our existing service area interface ( "SAP') cabinets. There are multiple SAls in Tustin's residential neighborhoods that could potentially be paired with a Lightspeed cabinet. Therefore, as discussed in more detail below, placing a new CEV at each of these locations is not a viable option. AT &T currently does have some controlled environment vaults ( "CEV ") that can be used to deploy Lightspeed technology in certain limited circumstances; i.e., where a CEV already exists, has available space, and is in close proximity to our residential customers. The existing CEVs are not flush to grade in any event, and the above ground hatch may actually be larger than our Lightspeed cabinets. Practical Considerations Given the need for a controlled environment and technician access, any underground structure housing the Lightspeed equipment would have to be extremely large. Existing CEVs typically measure 16' x 10' x 6', and 4' x 3'6" x 6'5" of which is above ground. There is dearly not enough room in the residential public rights of way of Tustin for these large underground vaults. The vaults would block use of the rights of way by other utilities, including City water and sewer, creating traffic issues (luring construction and after completion when being accessed by our technicians. In addition, the above ground Lightspeed cabinet was designed to tit within the right of way usually behind or in the sidewalk area. The access point for an underground vault would most likely extend into the road portion of the right of way creating significant safety concerns. As noted above, other factors limiting the feasibility of placing the Lightspeed cabinets in a flush to grade vault include the need for backup power, lighting, gas testing, ventilation, cooling, alarms, emergency water pumping, and waterproofing. As a result of these limitations, AT &T has traditionally not placed CEVs in close proximity to residential neighborhoods where the Lightspeed equipment must be deployed. Economic Factors In addition to the technological and practical reasons discussed above, it is not economically feasible to construct new CEVs for the Lightspeed technology. Although our existing CEVs are very expensive to construct, the cost may be justified because they serve thousands of customers. The Lightspeed cabinets, on the other hand, will serve only a few hundred customers and we will need many more of them. As each Lightspeed cabinet would still require a very large, expensive vault, it would not be economically feasible to place a new CEV for a single Lightspeed cabinet. We hope the above response answer your questions about this issue. Please let me know if you have any additional questions. Sincerely, Leslie Monty Area Manager AT &T California ATTACHMENT Public Resources Code Section 21159.27 A.aadmlarr ofF.indranmenial l'nrfem tals20/3 § 21159.25. [DELETED] (10A 5mhm § 21159.26. REDUCTIONS IN HOUSING UNITS AS MITIGATION DISCOURAGED With respect to a project that includes a housing development, a public agency may not reduce the proposed number of housing units as a mitigation measure or project alternative for a particular significant effect on the environment if it determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation. This section does not affect any other requirement regarding the residential density of that project. § 21159.27. PROHIBITION AGAINST PIECEMEALING TO QUALIFY FOR EXEMPTIONS A project may not be divided into smaller projects to qualify for one or more exemptions pursuant to this article. § 21159.28. (a) If a residential or mixed -use residential project is consistent with the use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board pursuant to subparagraph (1) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code has accepted the metropolitan planning organization's determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets and if the project incorporates the mitigation measures required by an applicable prior environmental document, then any findings or other determinations for an exemption, a negative declaration, a mitigated negative declaration, a sustainable communities environmental assessment, an environmental impact report, or addenda prepared or adopted for the project pursuant to this division shall not be required to reference, describe, or discuss (1) growth inducing impacts; or (2) any project specific or cumulative impacts from cars and light -duty truck trips generated by the project on global warming or the regional transportation network. (b) Any environmental impact report prepared for a project described in subdivision (a) shall not be required to reference, describe, or discuss a reduced residential density alternative to address the effects of car and light -duty truck trips generated by the project. (c) "Regional transportation network;' for purposes of this section, means all existing and proposed transportation system improvements, including the state transportation system, that were included in the transportation and air quality conformity modeling, including congestion modeling, for the final regional transportation plan adopted by the metropolitan planning organization, but shall not include local streets and roads. Nothing in the foregoing relieves any project from a requirement to comply with any conditions, exactions, or fees for the mitigation of the project's impacts on the structure, safety, or operations of the regional transportation network or local streets and roads. (d) A residential or mixed -use residential project is a project where at least 75 percent of the total building square footage of the project consists of residential use or a project that is a transit priority project as defined in Section 21155. Chapter 5: Submission of Information § 21160. APPLICATION FOR LEASE, PERMIT, LICENSE, ETC.; DATA AND INFORMATION; PURPOSE; TRADE SECRETS Whenever any person applies to any public agency for a lease, permit, license, certificate, or other entitlement for use, the public agency may require that person to submit data and information W ATTACHMENT G Resolution Nos. 4235 and 4235A RESOLUTION NO. 4235 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 2013 -12 AUTHORIZING THE INSTALLATION AND OPERATION OF 25 ABOVEGROUND UTILITY CABINETS IN, OR ADJACENT TO, THE PUBLIC RIGHT -OF -WAY IN VARIOUS LOCATIONS THROUGHOUT TUSTIN TO HOUSE AND OPERATE LIGHTSPEED EQUIPMENT FOR U -VERSE SERVICE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review 2013 -12 was filed by AT &T California requesting to install and operate 25 aboveground utility cabinets in, or adjacent to, the public right -of -way in various locations throughout Tustin to house and operate its Lightspeed equipment for its U -verse service. B. That pursuant to Tustin City Code Sections 7264 and 9272, the Community Development Director is authorized to consider the proposed Design Review. However, the Community Development Director forwarded the Design Review application to the Planning Commission for consideration and action to allow for a public meeting to accept comments and testimony from the general public regarding the proposed project. C. That a public meeting was duly called, noticed, and held for Design Review 2013 -12 on November 12, 2013, by the Planning Commission. Design Review 2013 -12 was continued to January 28, 2014, to provide the applicant the opportunity to fully address items of Commission concern. D. That, as conditioned, the proposed cabinet locations comply with Tustin City Code Section 7260 related to Design Review of Aboveground Utility Facilities on Public Property and in the Public Right -of -Way and with City Council Resolution No. 01 -95 establishing Design Review guidelines for aboveground utility facilities on public property and in the public right -of -way E. That, as conditioned, when located within residential areas, the proposed cabinets that are aboveground are located adjacent to side or rear yards of residential properties and along major streets. F. That the location, size, and general appearance of the proposed cabinets, as conditioned, are compatible with the surrounding area in that as conditioned the cabinets would be underground, screened with landscaping, or of a color that blends with its surroundings. In accordance Resolution No, 4235 DR 2013 -12 Page 2 with the City's Guidelines, cabinets that cannot be effectively screened should be located underground. To allow the proposed cabinets that are not effectively screened to locate in the City's right -of -way would set a precedent such that other providers would ignore the City's guidelines. G. That the proposed cabinets will provide coverage to areas that are currently deficient of the AT &T U -verse service. H. That the location, size, aesthetic features, and general appearance of the proposed facilities will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure — The proposed aboveground utility cabinets, each with a height of about four feet, a width of about four feet and a depth of about two feet, are larger in size than, but similar in appearance to, other utility cabinets in the public right -of -way. 2. Setbacks and site planning — Of the 25 proposed locations, 21 are within the public right -of -way, two are within homeowner association landscape areas, and two are within public parks. Aboveground cabinets will be conditioned to not obstruct line of sight requirements, obstruct or hinder the opening of vehicle doors or obstruct disabled access. 3. Exterior material and colors — The proposed cabinets are constructed of metal and each cabinet is conditioned to be of a color that blends with its surroundings. 4. Towers and antennae — No towers or antennae are proposed. 5. Landscaping and parking area design and traffic circulation —The proposed cabinets within public parks and homeowners association landscape areas are required to be screened with landscaping. Parking area design and traffic circulation are not directed impacted. 6. Location and appearance of equipment located outside of an enclosed structure — Four of the proposed cabinets are required to be undergounded. The remaining 21 cabinets are required through conditions of approval to be adequately screened or of a color that blends with its surroundings. 7. Physical relationship of proposed structure to existing structures — The proposed cabinets would be located in close proximity to existing residences, fences, and walls, but would not be located in front or a residence or adjacent to an open side yard of a residence. Resolution No. 4235 DR 2013 -12 Page 3 8. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed cabinets are required to be of a color that blends with adjacent landscape features and structures and may be required in areas such as Old Town, to be made available for public art in the future. 9. Development guidelines and criteria as adopted by the City Council — As conditioned, the proposed cabinets comply with the City Council's adopted Design Guidelines for Aboveground Utility Facilities. I. That the proposed wireless facility complies with the City Council Resolution No. 01 -95 (Design Guidelines for Aboveground Utility Facilities and their Accessory Equipment) in that: 1. Location — 18 of the 25 proposed locations are placed where there is little or no interference with public use of the properties and /or the rights or reasonable convenience of property owners who adjoin the properties. Seven of the 25 proposed locations would significantly impact the use of private property and the reasonable convenience of property owners by creating safety hazards, impacting line of sight, creating visual clutter, and /or impeding pedestrian access. However, optional locations were proposed at two of these seven locations, such that these concerns have been minimized. For the remaining five locations, conditions have been included to require undergrounding, an alternative location, or landscaping (for the proposed public park and homeowners association locations). 2. Stealth Facility —The proposed cabinets are not stealth in design and the designs are not intended to integrate with existing structures or blend with the surrounding environment. Condition 2.12 requires all cabinets to be of a color that blends with adjacent surroundings. In some locations, landscaping is required. 3. Co- location - The proposed cabinets are not integrated with existing cabinets and no co- location alternative was submitted. When technologically feasible, co- location requests shall be considered and a good faith effort shall be made to accommodate the request. 4. Colors — Each cabinet will be required to be of a color that blends with its surrounding environment. 5. Screening /Landscaping — No screening method or landscaping was proposed for the cabinets. Pursuant to Condition No. 2.20, landscaping may be required at select locations. 6. Signage — Only signage related to certifications and warnings will be allowed on each cabinet in accordance with proposed Condition No. 2.5. No advertising would be permitted on the cabinets. Resolution No. 4235 DR 2013 -12 Page 4 7. Accessory Equipment — The power pedestals are integrated with the proposed cabinets. 8. Required Removal — Pursuant to the 2001 Guidelines, the cabinet could be required to be removed if necessary to protect public health, safety, and welfare. 9. Undergrounding — Pursuant to the 2001 Guidelines, and as conditioned, the City reserves the right to require that all utility facilities, including their accessory equipment, be placed underground when technologically feasible. J. That this project, as conditioned, is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Design Review 2013 -12, a request to install and operate 25 aboveground utility cabinets in, or adjacent to, the public right -of -way in various locations throughout Tustin to house and operate its Lightspeed equipment for its U -verse service, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 28th day of January, 2014. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4235 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of January, 2014. ELIZABETH A. BINSACK Planning Commission Secretary AN011 :1k 11i Resolution No. 4235 EXHIBIT A RESOLUTION NO. 4235 DESIGN REVIEW 2013 -12 CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans /exhibits for the project date stamped November 12, 2013, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check or the encroachment permit process if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.3 Design Review approval shall remain valid for as long as the Encroachment Permit is valid. Upon termination or expiration of the Encroachment Permit or upon the failure of Grantee to install the facility within 180 days of its approval, the Design Review approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. At the time of removal, restoration of the area is required. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review 2013 -12 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code. 311 • (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4235 Page 2 (1) 1.6 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 The applicant shall provide a 24 -hour phone number to which problems may be reported. To ensure continuity on all issues, the name, telephone number, fax number, and e-mail address of a "single point of contact" in its Engineering and Maintenance Departments shall be provided to the City's designated representative upon activation of each facility. USE RESTRICTIONS (1) 2.1 A total of 25 utility cabinets are approved to be installed and operated under Design Review 2013 -12. All cabinets shall be located as depicted in the approved building permit or encroachment permit plans. (1) 2.2 No trees on public property shall be relocated or removed to accommodate the project. The applicant shall make a note to this effect on the encroachment and /or building permit plans. (1) 2.3 The applicant shall be responsible for obtaining any required approvals or clearances from any applicable easement holders for work in any easement areas. (1) 2.4 The utility cabinets shall be regularly maintained and inspected for safety and aesthetics by the applicant in accordance with the approved plans. (1) 2.5 The equipment shall not bear any signs or advertising devices (other than certification, warning, or other required seals or signage). (1) 2.6 At building permit or encroachment permit plan check, the applicant shall submit a plan identifying hardscape, landscape, and other improvements that will be removed and /or replaced under the proposed plan. Exhibit A Resolution No. 4235 Page 3 (1) 2.7 Prior to issuance of building permits for facilities on private property, the applicant shall obtain approval from the property owner. The project plans shall make reference to the agreement. (1) 2.8 The applicant shall evaluate all requests for co- location on each facility by additional providers(s) and make a good -faith determination of each such requesting provider's compatibility with the applicant at this location. If, in the good -faith determination of the applicant, the co- location is technically compatible, then the applicant shall accommodate such additional provider if applicable business terms can be successfully negotiated. All requests for co- location shall be reviewed and approved by the City and may require a license agreement. (1) 2.9 All aboveground equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the applicant shall be responsible for removing graffiti from accessory equipment within forty -eight (48) hours. The applicant shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. (1) 2.10 Any removal of landscaping necessary to install the equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. (1) 2.11 All aboveground equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. (1) 2.12 Any part of the aboveground utility facilities visible to public view shall have subdued colors and non - reflective materials which blend with surrounding materials and colors, as determined by the Director of Community Development or Planning Commission. (1) 2.13 At least thirty (30) days 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 the equipment that will be installed, and the estimated start and ending dates of construction. (1) 2.14 The City of Tustin reserves the right to require that the aboveground utility cabinets be made available for public art purposes at the expense of the applicant. (1) 2.15 The utility cabinets proposed at 1371 Kalua Lane, 1448 Valencia Avenue, Kensington Park Drive across from Fire Station No. 71, and 2906 Ballesteros Lane, shall be undergrounded unless alternate locations which comply with the Guidelines, to the satisfaction of the Director of Community Development or Planning Commission, can be identified. Exhibit A Resolution No. 4235 Page 4 (1) 2.16 The utility cabinet proposed at 13611 Red Hill Avenue shall be located pursuant to Option 2 as identified in the submitted application, and the utility cabinet proposed at 15805 Myrtle Avenue shall be located pursuant to Option 1 as identified in the submitted application. (1) 2.17 The City, in accordance with the Encroachment Permit, reserves the right to require the removal or relocation of any aboveground utility facility when determined to be necessary to protect the public health, safety, and welfare by giving ninety (90) days notice. (1) 2.18 Aboveground cabinets shall not 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; and interfere with any existing or proposed improvement projects. (1) 2.19 All access openings shall face away from street frontages, unless approved otherwise by the Director of Community Development or Planning Commission. (1) 2.20 Landscape screening shall be required at the following locations: 2850 -2870 Ballesteros Lane (behind), 2906 Ballesteros Lane (HOA), 1402 Bryan Avenue (Pine Tree Park), 14492 Cherrywood Lane (HOA), 10751 Holderman Court (behind), 14552 Raintree Lane, 1842 Roanoke Avenue (Centennial Park), 13332 Tiburon Way (behind), and any other location as required by the Community Development Director. NOISE (1) 3.1 All construction operations including engine warm up, delivery, and loading /unloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. (1) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Ordinance. BUILDING DIVISION (1) 4.1 Cabinets not in the public right -of -way require building permits. At the time of building permit application, the plans shall comply with the latest edition of Exhibit A Resolution No. 4235 Page 5 the building codes, City Ordinances, State laws, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS DEPARTMENT (1) 5.1 Prior to any work in the public right -of -way (within City parks and within any public streets), an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 5.2 Prior to issuance of an Encroachment Permit for construction within the public right -of -way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 5.3 Any damage done to existing landscape, irrigation, pedestrian walkways, parking, and/or utilities shall be repaired to the satisfaction of the Director of Parks and Recreation and the City Engineer. FEES (1) 6.1 Prior to issuance of any building permits or encroachment permits, payment shall be made of all applicable fees, including but not limited to, the following. Payments shall be required based upon those rates in effect at the time of payment and are subject to change. a. All applicable Building and Planning plan check and permit fees, and encroachment permit fees shall be paid to the City of Tustin. b. Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. RESOLUTION NO. 4235 A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING THE INSTALLATION AND OPERATION OF 25 FLUSH - MOUNTED UNDERGROUND UTILITY CABINETS IN, OR ADJACENT TO, THE PUBLIC RIGHT -OF -WAY IN VARIOUS LOCATIONS THROUGHOUT TUSTIN TO HOUSE AND OPERATE LIGHTSPEED EQUIPMENT FOR U -VERSE SERVICE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Design Review 2013 -12, was filed by AT &T California requesting to install and operate 25 aboveground utility cabinets in, or adjacent to, the public right -of -way in various locations throughout Tustin to house and operate its Lightspeed equipment for its U -verse service. B. That pursuant to Tustin City Code Sections 7264 and 9272, the Community Development Director is authorized to consider the proposed Design Review. However, the Community Development Director forwarded the Design Review application to the Planning Commission for consideration and action to allow for a public meeting to accept comments and testimony from the general public regarding the proposed project. C. That a public meeting was duly called, noticed, and held for Design Review 2013 -12 on November 12, 2013, by the Planning Commission. Design Review 2013 -12 was continued to January 28, 2014, to provide the applicant the opportunity to fully address items of Commission concern. D. That the above ground cabinets proposed by the applicant do not comply with Tustin City Code Section 7260 related to Design Review of Aboveground Utility Facilities on Public Property and in the Public Right -of- Way and with City Council Resolution No. 01 -95 establishing Design Review guidelines for aboveground utility facilities on public property and in the public right -of -way, in that the cabinets interfere with public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties. E. That underground flush- mounted cabinets comply with Tustin City Code Section 7260 related to Design Review of Aboveground Utility Facilities on Public Property and in the Public Right -of -Way and with City Council Resolution No. 01 -95 establishing Design Review guidelines for aboveground utility facilities on public property and in the public right -of -way, Resolution No. 4235 A DR 2013 -12 Page 2 in that all utility facilities may be required to be placed underground when technologically feasible and underground flush- mounted cabinets do not interfere with public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties. F. That AT &T has commonly placed other types of its communication equipment underground, including facilities in Tustin. G. That in accordance with the City's Guidelines, cabinets that cannot be effectively screened should be located underground. To allow the proposed cabinets that are not effectively screened to locate in the City's right -of -way would set a precedent such that other providers would ignore the City's guidelines. H. The location, size, and general appearance of the proposed cabinets are compatible with the surrounding area in that the cabinets would be flush - mounted and underground. I. The proposed cabinets will provide coverage to areas that are currently deficient of the AT &T U -verse service. J. That this project is Categorically Exempt pursuant to Section 15303, Class 3, Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves the installation and operation of 25 flush- mounted underground utility cabinets in, or adjacent to, the public right -of- way in various locations throughout Tustin to house and operate its Lightspeed equipment for its U -verse service, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 28th day of January, 2014. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4235 A DR 2013 -12 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4235 A was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of January, 2014. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A to Resolution No. 4235 A EXHIBIT A RESOLUTION NO. 4235 A CONDITIONS OF APPROVAL (1) 1.1 The proposed project shall substantially conform with the submitted plans /exhibits for the project date stamped November 12, 2013, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check or the encroachment permit process if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.3 Approval shall remain valid for as long as the Encroachment Permit is valid. Upon termination or expiration of the Encroachment Permit or upon the failure of Grantee to install the facility within 180 days of its approval, the approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. At the time of removal, restoration of the area is required. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk- Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE /S (7) PC /CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit A Resolution No. 4235 A Page 2 (1) 1.6 The applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision - making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.7 The Community Development Department may review the project annually or more often to ensure that the project is in compliance with the conditions of approval contained herein. The Community Development Director may initiate proceedings to amend or revoke this approval if the project does not comply with the conditions of approval. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.9 The applicant shall provide a 24 -hour phone number to which problems may be reported. To ensure continuity on all issues, the name, telephone number, fax number, and e-mail address of a "single point of contact" in its Engineering and Maintenance Departments shall be provided to the City's designated representative upon activation of each facility. USE RESTRICTIONS (1) 2.1 A total of 25 flush - mounted underground utility cabinets are approved to be installed and operated. All cabinets shall be located as depicted in the approved building permit or encroachment permit plans. (1) 2.2 No trees on public property shall be removed to accommodate the project, unless replaced or relocated. The applicant shall make a note to this effect on the encroachment and /or building permit plans. (1) 2.3 The applicant shall be responsible for obtaining any required approvals or clearances from any applicable easement holders for work in any easement areas. (1) 2.4 The underground equipment shall be regularly maintained and inspected for safety by the applicant in accordance with the approved plans. Exhibit A Resolution No. 4235 A Page 3 (1) 2.5 The flush- mounted access hatch shall not bear any signs or advertising devices (other than certification, warning, or other required seals or signage). (1) 2.6 At building permit or encroachment permit plan check, the applicant shall submit a plan identifying hardscape, landscape, and other improvements that will be removed and /or replaced under the proposed plan. (1) 2.7 Prior to issuance of building permits for facilities on private property, the applicant shall obtain approval from the property owner. The project plans shall make reference to the agreement. (1) 2.8 Any removal of landscaping necessary to install the equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. (1) 2.9 At least thirty (30) days 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 the equipment that will be installed, and the estimated start and ending dates of construction. (1) 2.10 The applicant shall evaluate all requests for co- location on each facility by additional provider(s) and make a good -faith determination of each such requesting provider's compatibility with the applicant at this location. If, in the good -faith determination of the applicant, the co- location is technically compatible, then the applicant shall accommodate such additional provider if applicable business terms can be successfully negotiated. All requests for co- location shall be reviewed and approved by the City and may require a license agreement. NOISE (1) 3.1 All construction operations including engine warm up, delivery, and loading /unloading of equipment and materials shall be subject to the provisions of the City of Tustin Noise Ordinance, as amended, and may take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. on Saturday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. (1) 3.2 Noise emanating from the equipment, if any, shall not exceed the City's Noise Ordinance. Exhibit A Resolution No. 4235 A Page 4 BUILDING DIVISION (1) 4.1 Vaults not in the public right -of -way require building permits. At the time of building permit application, the plans shall comply with the latest edition of the building codes, City Ordinances, State laws, Federal laws, and regulations as adopted by the City Council of the City of Tustin. PUBLIC WORKS DEPARTMENT (1) 5.1 Prior to any work in the public right -of -way (within City parks and within any public streets), an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 5.2 Prior to issuance of an Encroachment Permit for construction within the public right -of -way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 5.3 Any damage done to existing landscape, irrigation, pedestrian walkways, parking, and /or utilities shall be repaired to the satisfaction of the Director of Parks and Recreation and the City Engineer. FEES (1) 6.1 Prior to issuance of any building permits or encroachment permits, payment shall be made of all applicable fees, including but not limited to, the following. Payments shall be required based upon those rates in effect at the time of payment and are subject to change. a. All applicable Building and Planning plan check and permit fees, and encroachment permit fees shall be paid to the City of Tustin. b. Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.