Loading...
HomeMy WebLinkAboutCC RES 99-084 RESOLUTION NO. 99-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING ABOVE GROUND CABINETS DESIGN GUIDELINES The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That cable television companies servicing the City are expanding their services by adding high-speed digital' telephone and data transmission (Internet) services and the upgrading will require installation of additional equipment such as above ground cabinets within the public right-of-way. In addition, other utility companies routinely upgrade, relocate, and install new above ground equipment in the public right-of- way. B. That currently no guidelines are in place to regulate the location, screening, and safety of above ground cabinets in the public right-of way. C. That guidelines and development standards are needed to promote and protect the public health, safety and general welfare and preserve and enhance the quality 'of the City relating to the orderly development of above ground cabinets. D. That a public hearing was duly called, noticed and held by the Planning Commission on March 8, 1999, and August 23, 1999, and the Planning Commission recommended approval of the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. E. That public hearings were duly called, noticed and held by the City CoUncil on October4, 1999, and November 15, 1999. I1.' In adopting the Above Ground Cabinet Design Guidelines, the City Council finds and determines: A. That the guidelines provide standards that .mitigate impacts typically associated with installation of utility cabinets within the public right-of-way including measures to reduce the visual impact of above ground cabinets. Resolution No. 99-84 Page 2 B. That the guidelines require approval of an Encroachment Permit and/or Design Review process which would ensure that cabinets are developed in an orderly manner with respect to location, size, and screening. C. That traffic signal controller and irrigation controller cabinets should be exempted from the guidelines since they are different in nature and function and provide essential services. Traffic signal controller cabinets provide for public safety and must be located in close proximity to traffic control devices. Irrigation controller cabinets must be located in close proximity to available power sources. D. That the Director of Community Development should be authorized to approve, approve with conditions or deny the Design Review application. E. That the adoption of guidelines to regulate future replacement or installation of above ground cabinets will not affect the environment and is not a project as defined by the California Environmental Quality Act. III. The City Council hereby adopts the Above Ground Cabinet Design Guidelines. These guidelines are to be followed when considering an Encroachment Permit and/or Design Review application for the installation of above ground cabinets within the public right-of-way, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 15"' day of November, 1999. orley Mayor ~ Pamela Stoker City Clerk ABOVE GROUND CABINET DESIGN GUIDELINES SECTION 1: PURPOSE AND INTENT The purpose of these guidelines is to implement Part 6 of Chapter 2 of Article 7 of the Tustin City Code (Ordinance 1213) and regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-Of-way. These guidelines are intended to protect the health, safety and/or welfare of the citizens of Tustin by reducing the potential for negative environmental impacts of above ground cabinets on the community. SECTION 2: APPLICABILITY The installation of new and replacement above ground cabinets in the City right-of-way, except those exempted by Part 6 of Chapter 2 of Article 7 of the Tustin City Code, are regulated by these guidelines. SECTION 3: PROCESS Replacement Cabinets that are the Same Size as Existing Cabinets a. Installation of replacement cabinets may be approved in conjunction with issuance of an Encroachment Permit provided the replacement cabinet is the same size or smaller than the existing cabinet and the cabinet complies with the height requirements set. forth in Section 4.2 herein. New or Replacement Cabinets that are Larger than Existing Cabinets b. Installation of new cabinets or replacement cabinets that are larger than the existing cabinets may be approved in conjunction with issuance of a concurrent Encroachment Permit/Design Review application provided that each the following rdquirements are met: 1. No cabinet may be located adjacent to a front yard area of a residentially zoned or used property. 2. The cabinet complies with the height requirements set forth in Section 4.2 herein. 3. No cabinet may be located in an area that obstructs line of sight at an intersection, driveway, or alley. c. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement cabinets that meet each of the requirements of Section 3(b)(1),(2), and (3) above. The manual shall contain sufficient information to verify compliance with the above requirements such as type and size of the proposed cabinets. Upon approval of the comprehensive manual, no Design Review fee will be required and the applicant shall Above Ground Cabinet Design Guidelines Page 2 obtain an Encroachment Permit. The Community Development and Public Works Departments shall review the Encroachment Permit application. New or Replacement Cabinets that Cannot Comply with Requirements for Concurrent Encroachment Permit/Design Review [Section 3(b)] d. Installation of replacement cabinets that are larger than the existing cabinet and cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 3 (b)] require Design Review prior to issuance of Encroachment Permits. e. Installation of new cabinets that cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 3(b)] require Design Review prior to issuance of Encroachment Permits. System Upgrades f. System upgrades which require substantial installation of new and replacement cabinets shall requir. e Design Review approval prior to issuance of Encroachment Permits, when Design Review is required by these guidelines. A comprehensive Master Plan depicting the locations of all new and replacement cabinets shall be submitted concurrently with the Design Review application. SECTION 4: DESIGN REVIEW CRITERIA Location, size, and screening of proposed cabinets will be considered by the Community Development Department in accordance with the following criteria: Section 4.1 Location a. Whenever feasible,' cabinets should be installed underground. If it is not techxiologically feasible to install a cabinet underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or unfeasibility of underground installation. One letter may be included in the comprehensive manual described in Section 3 (c) for all proposed cabinets within the manual. b. When underground installation is not feasible, the following order of preference shall be considered for above ground installation of cabinets of any size: 1. Cabinets should be located adjacent to non-residential properties in an area where no modification to the existing right-of-way would be required and existing landscaping is present to screen the cabinet. 2. Cabinets should be located adjacent to side or rear yards of residential properties, preferably on major streets where no modification to the existing right-of-way would be required and existing landscaping is present to screen the cabinet. Above Ground Cabinet Design Guidelines Page 3 3. Cabinets should be located as closely as possible to the shared property line between the front yards of.residential properties where no sight distance from driveways would be obstructed. c. Consideraffon shall be given to the number of existing cabinets within a particular area and overconcentration of cabinets shall be avoided. Overconcentration is defined as more than one (1) cabinet installed adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible: 1. Cabinets shall be located as far as possible from existing cabinets; and, 2. The cabinet owner/installer shall submit a letter of explanation regarding the hardship associated with or unfeasibility of installing the cabinet at a sufficient distance from an existing cabinet. d. Cabinets located in parkway areas should be located at the same distance from the curb as other cabinets along the parkway to create a uniform setback distance and appearance. e. Cabinets shall not: 1. Obstruct line of sight requirements at intersections or driveways. 2. Obstruct or hinder opening of vehicle doors. 3. Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained. 4. Interfere with any existing or proposed improvement projects. Section 4.2 Height a. The height of any replacement cabinets that are larger than existing or new cabinets to be located adjacent to the front, side, or rear yards of residentially zoned properties may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas. b. The height of any replacement cabinets that are larger than existing or new cabinets located in non-residential areas. will be considered on a case-by-case basis. Section 4.3 Screening a. In residentially zoned areas, cabinets shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching cabinet color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. Above Ground Cabinet Design Guidelines Page 4 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 cabinet. c. Access openings shall face away from street frontages, whenever feasible. SECTION 5: STANDARD CONDITIONS OF DESIGN REVIEW APPROVAL a. Noise emanating from an above ground cabinet shall not exceed the City's adopted Noise Ordinance standards. b. The cabinet owner company shall file the cabinet identification number, company name, person responsible for maintenance of the cabinet, .and the phone number with the Public Works Department. This information may be included in the comprehensive manual described in Section 3(c) of these guidelines. c. The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). d. Cabinets shall be constructed or treated with appropriate ma(erials which discourage or repel graffiti and the cabinet owner shall be responsible for removing graffiti from cabinets within 48 hours. Cabinet owners shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. eo Any removal of landscaping necessary to install the above ground cabinet shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. f. The utility provider or cabinet installing entity shall be responsible for reconstruction of in-kind facilities within the City's right-of-way that are damaged or modified during installation of cabinets. g. In accordance with Section 9265 of the Tustin City Code, an above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than thirty (30)days after the discontinuation of use. h. In accordance with Section 9265 of the Tustin City Code, cabinets that are no longer being used shall be removed within ninety (90) days after the discontinuation of use. Such removal shall be in accordance with health and safety requirements. All disturbed areas shall be restored to original conditions at the operator's expense. i. In accordance with Section 9265 of the Tustin City Code, the Design Review approval shall remain valid for the term of the franchise agreement or as long as the Encroachment Permit is valid. If the franchise agreement or Encroachment Permit is terminated, notice Above Ground Cabinet Design Guidelines Page 5 and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the franchise agreement or encroachment permit, all cabinets shall be removed from the City's right-of-way. j. Prior to installation, the utility provider shall provide notification to adjacent property ox~mers within a one hundred (100) foot radius indicating the type, location, and size of cabinets that will be installed and the estimated start and ending dates of construction. k. The cabinet shall be constructed of a material that will be rust resistant (i.e., stainless steel, etc.). The utility provider shall be responsible 'for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. \\COMM_DEVXVOLI\SHARED\CDD-RDA\CDD\ORDINANC\cabinetguidelinesl 1-99.doe