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HomeMy WebLinkAboutORD 1213 (1999) ~ ORDINANCE NO. 1213 2 AN ORDINANCE OF THE CITY COUNCIL OF 3 THE CITY OF TUSTIN, ADOPTING REGULATIONS FOR ABOVE GROUND 4 CABINETS WITHIN THE CITY'S RIGHT OF WAY. 6 The City Council of the City of Tustin does hereby ordains as follows: ? Section 1. FINDINGS 8 9 The City Council of the City of Tustin finds and determines as follows: ~0 A. Currently there are no regulations and guidelines in place for the ~ installation of above ground cabinets within the City's right of way. ~: B. The adoption of permanent regulations and guidelines for above ground cabinets within the public right of way will serve to reduce is the potential for negative impacts on the community. 14 C. Failure to implement above ground cabinets regulations through the ~5 adoption of this ordinance will result in a substantial number of ~6 above ground cabinets being installed without controls needed to protect the public health, safety and community aesthetics. ]7 D. Traffic signal controller and irrigation controller cabinets are ~8 exempted since they are different in nature and function and 19 provide essential services. The traffic signal control cabinets by nature must be located where traffic can be controlled at 20 intersections. Irrigation controller cabinets must be located in close proximity to available power sources. 21 22 E. The requirements and restrictions imposed by this Ordinance are necessary to protect the health, safety and aesthetics of the City of 23 Tustin as follows: 24 1. Design Review Approval for installation of Above Ground 25 Cabinets within the City's Ri~ht of Way. The City's objective is to promote safety, aesthetics and land use compatibility 26 between above ground cabinets and neighboring land uses. 27 Above ground cabinets are typically located i-n the public right of way and highly visible because of their size and/or height, 28 thereby potentially impacting the aesthetics of the community. Public safety could be negatively impacted if the cabinets are 29 over concentrated in specific areas, or are close to intersections thus impacting motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design Ordinance No. , ~ 13 Page 2 of 4 1 Review allows the city to examine aesthetics issues by 2 analyzing items such as height and bulk of the cabinets, colors, visibility, screening and relationship to adjacent structures, and 3 design. 4 2. Screening Criteria and Guidelines. The City's objective is to 5 promote and protect an aesthetic environment by requiring the use of subdued colors, non-reflective material and screening of 6 the cabinet with landscape materials. 7 3. Site Selection Order of Preference. The City's objective is to s promote and protect an aesthetic environment by requiring that 9 above ground cabinets be located in areas that are the least obtrusive to the community. I0 4. Si,qn Restrictions. The City's objective is to promote aesthetics ~2 by restricting sign clutter. 12 5. Size Criteria. The City'.s objective is to promote aesthetics and 23 safety. Limiting the size of above ground cabinets will reduce ~4 the visual impact associated with traffic and pedestrian safety. 25 6. Removal Required for Abandoned Cabinets. The City's objective is to promote and protect an aesthetic and safe ~6 environment by requiring cabinets be removed within ninety (90) ~7 days if they are not in use. Abandoned cabinets that are not promptly removed would contribute to the blighting of the ~8 community and would present potential safety hazards related 29 to vandalism and unauthorized use of the abandoned cabinets. 20 F. That a public hearing was duly noticed, called and held on this Ordinance by the Planning Commission on August 23rd, 1999. 2] 22 Section 2. Part 6 is hereby added to chapter 2 of Article 7 of the Tustin City Code to read as follows: 23 PART 6 DESIGN REVIEW OF ABOVE GROUND CABINETS 24 25 7260 PURPOSE AND FINDINGS 26 The purpose of this Part 6 is to maintain an aesthetically .pleasing 27 environment in the City's rights of way, including parkways and median islands, by regulating the location, size, color and other aspects of above 2s ground cabinets that exceed a certain size. Above ground cabinets have proliferated in the City's rights of way in recent years. Such cabinets 29 house a variety of uses: some contain controls for traffic signals, others contain electronics and wiring for cable television and telecommunications; others contain power sources. Ordinance No. ~ ,, 13 Page 3 of 4 I 2 The cabinets are painted a variety of colors, come in varying heights, and can be noisy. Most cabinets are not screened. The result is visual clutter 3 and increased noise along the City's right of way. Reasonable regulations 4 for the height, location, color and other characteristics of such cabinets are necessary to promote the health and aesthetic welfare of the people of 5 Tustin. 6 7261 DESIGN REVIEW REQUIRED ? Except for City traffic signal controller and irrigation controller cabinets, no s person shall locate a new above ground cabinet without compliance with 9 the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This Design Review applies to existing and future ~0 franchisees and any other person who wishes to locate replacement or new above-ground cabinets in the public right of way. The installation of ~2 replacement cabinets or new cabinets shall comply with the Above ~2 Ground Cabinet Design Guidelines described in Section 7263. Design review approval is required concurrent with or before an encroachment 23 permit may be issued to permit installation of a cabinet. 14 7262 APPLICATION FOR DESIGN REVIEW 15 An applicant shall submit a plan of the proposed location of all cabinets to ~6 the Director of Community Development ("Director"). Information shall 27 also be provided as to the dimensions, proposed colors of the cabinets, screening, and noise levels anticipated. The applicantshall pay a fee to 28 cover the anticipated staff timeto review and process the application. 29 7263 DESIGN 'REVIEW PROCESS 20 Upon the application being found complete by the Director, or designee, 2~ the Director or designee shall review the plan (the "Plan") using the criteria 22 set forth in the Above Ground Cabinet Design Guidelines adopted by resolution of the City Council. The Director may conditionally approve or 23 deny the Plan. Amendments to a Plan shall be reviewed and approved by the Director concurrent with or prior to issuance of an encroachment 24 permit. Cabinets must be installed per the approved Plan. The noise from 25 each cabinet shall comply with the City's noise regulations. 26 Cabinets that exceed the maximum size specified in the Above Ground Cabinet Design Guidelines may be administratively approved by the 27 Director in compliance with the Design Review or Minor 2s Adjustment/Administrative Variance process (in Tustin City Code Section 9272) if substantial evidence indicates that no other technologically 29 feasible alternative exists. Ordinance No. 1213 Page 4 of 4 I 2 7264 APPEALS 3 Appeals of the Director's decisions may be taken and heard in accordance with Section 9272(f), Design Review Appeals, of the Tustin City Code. 4 s 7265 TERM/ABANDONMENT 6 (a) An above ground cabinet is considered abandoned if it no longer ? provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the City of Tustin in writing no later s than thirty (30) days after the discontinuation of use. 9 (b) Cabinets that are no longer being used shall be removed promptly ~0 no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety ~ requirements. All affected areas shall be restored to their original condition at the cabinet owner's expense. 12 ~3 (c) The Design Review approval shall remain valid for the term of the franchise agreement or as long as the encroachment permit is ~4 valid. If the franchise agreement or encroachment permit is u terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the franchise agreement ~6 or encroachment permit (note - covered in (b) above) all cabinets shall be removed from the City's right-of-way. 17 Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only-to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. 23 PASSED AND ADOPTED by the City Council of the City of Tustin at a 24 regular meeting on the 6th day of December, 1999. 25 27 ~-h'~~_(::::? ' s Worley,TM 29 Pamela Stokei; City Clerk City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1213 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1213 was introduced at a regular meeting of the City Council on Nnvemher 15; 19.q~, and was passed and adopted at a regular meeting of the City Council held on December 6; '1 -q99 by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Doyle, Ports, Saltarelli COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Parn~l~a ~Sto'E~2'City ~e~k ' '