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HomeMy WebLinkAbout08-23-99 PC PACKET AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 23, '1999 6:00 p.m. MCAS, Tustin and Redevelopment Agency Update — presented by Christine Shingleton CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Vice Chair Davert ROLL CALL: Chairperson Pontious, Bell, Davert, Kawashima and Kozak PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this *time members of the public may address the Commission regarding any 'items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off-agenda items unless authorized by law). IF-YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME.AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT .(714) 573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) Planning Commission Agenda August 23, 1999 Page 2 CONSENT CALENDAR: 1. Minutes of the August 9, 1999 Planning Commission Meeting.. PUBLIC HEARINGS: 2. Above Ground Cabinets Design Guidelines and Ordinance The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of-way. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213., Presentation: Justina Willkom, Associate Planner REGULAR BUSINESS • 3. Alcoholic Beverage Sales Establishment Guidelines In March 1999, the .Planning Commission requested that the existing "Alcoholic Beverage Sales Establishment Guidelines" be revised. The Commission noted that the guidelines may not address"the types of establishments that have recently become popular and that business owners would benefit from updated guidelines that clearly summarize the City's policies - on the establishments that serve alcoholic beverages. RECOMMENDATION That the Planning Commission adopt Resolution No. 3687 approving the revised guidelines. Presentation: Lori Ludi, Associate Planner STAFF CONCERNS: 4, Report on Actions taken at the August 16 1999 Cily Council-Meetings Presentation: Elizabeth A. Binsack, Director of Community Development Planning Commission Agenda August 23, 1999 Page 3 - COMMISSION CONCERNS: ADJOURNMENT: A regular meeting of the Planning Commission will 'be held on September 13, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. 1 ITEM #1 MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING AUGUST 9, 9999 ` CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Chairperson Pontious ROLL CALL: Chairperson Pontious, Bell, Davert, Kawashima and Kozak PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) No'Pubiic Concerns were addressed. CONSENT CALENDAR: i1. Minutes of the .July 12, 1999 Planning Commission Meeting, Commissioner Davert moved. Commissioner Kawashima seconded, to approve the minutes. Motion carried 4-0. REGULAR BUSINESS 2. Seating of Commissioner Bell New Commissioner Cheryl Bell was sworn in on the Commission. 3. Planning Commission Reorganization Recommendation --That the Planning Commission follow procedures contained in the staff report to elect a Chairperson and Chairperson Pro-tem. Chairperson Pontious opened nominations for Chairperson of the Planning Commission. Commissioner Davert nominated Commissioner Kozak to serve as Chairperson. There were no further nominations. Motion carried 5-0. Commissioner Kawashima nominated Commissioner Davert to serve as Chairperson Pro-Tem. There were no further nominations. Motion carried 5-0. Planning Commission Minutes August 9, 1999 Page 2 PUBLIC HEARINGS: 4. Continued Public Hearing for Conditional Use Permit 99-002(B) and Sign Code Exception 99-001(5) a request for a conditional use permit and sign code exception to install one (1) freestanding freeway sign, forty-five (45) feet in height with a 120 square foot sign cabinet. The project is located at 13922 Red Hill Avenue within the Central Commercial (C-2). OWNERI: EDGAR PANKEY TRUST APPLICANT: KENT J. BICKELL CONSOLIDATED RESTAURANTS OF CALIFORNIA Recommendation Adopt Resolution No. 3686 approving Conditional Use Permit 99-002(6) and Sign Code Exception 99-001(B) to authorize the construction of a freestanding freeway sign, forty-five (45) feet in height, with a fifty (50) square foot sign cabinet for a future fast food restaurant located at 13922 Red Hill Avenue. Bradley Evanson presented the subject report. The Public Hearing opened at 7:07 p.m. Marshall Wilkinson, applicant, stated his agreement on the 45 foot height requirement for the sign and indicated that the 50 square foot sign cabinet is not large enough for their needs and requested an 80 square foot cabinet would be better. The Public Hearing closed.at 7:13 p.m. Commissioner Davert noted that he met with the applicant last week and looked at the photo simulations and felt staffs recommendation is appropriate. Commissioner Pontious stated her agreement that 50 square feet is appropriate. Commissioner Kawashima stated his agreement that to approve anything larger would set a precedent. Commissioner Bell noted that she listened to the minutes from the previous meeting and stated her agreement with the other Commissioners. Planning Commission:Minutes August 9, 1999 y Page 3 Commissioner Davert stated that the Commission needs to be consistent and fair with developments along freeways. Commissioner Davert- moved, Commissioner Pontious seconded, to adopt Resolution No. 3686 approving Conditional Use Permit 99-002(6) and Sign Code Exception 99-001(B) 'to authorize'the construction of a freestanding freeway sign, forty-five (45) feet in height, with a fifty (50):square foot sign cabinet for a future fast food restaurant located'at 13922 Red Hill Avenue. Motion carried 5-0. " t 5. Appeal Of Use Determination, 99-002 a request to establish agricultural uses within the Regional Center and the Office Center land use designations of the Pacific Center East Specific Plan (PCESP). The project is located at the northeast corner of Valencia.Avenue and SR-55 within the Planned Community (PC) subject to,the Pacific Center East Specific Plan.(PCESP). APPELLANT: A.G. KAWAMURA PROPERTY OWNER: AAE PACIFIC PARK ASSOCIATES; LLC Recommendation That the Planning Commission adopt- Resolution No. 3685 denying the appeal of Use Determination 99-002 and determining that agricultural uses are prohibited within the `Regional Center'' and "Office Center' land use designations of the Pacific Center East Specific Plan. The Public Hearing opened at 7:16 p.m. Bradley Evanson presented the subject report. Commissioner Davert asked the Director if the Commission could consider amending 'the specific plan. The Director stated that the issue before the Commission is a Use Determination and the Commission should look at this use and compare it to the other uses that are allowed in the specific plan and, make a rational relationship that this use is very similar to another use or implements the goals and policies of the specific plan. Staff doe's not believe that the proposed use implements or is a similar use to. any other use found in the specific plan. Commissioner Davert asked if,the Commission were to draw a nexus would requiring the applicant to comply with dedication requirements, codes and grading and infrastructure • codes.be part of their decision. I' Planning Commission-Minutes August 9, 1999 Page 4 The Director stated that if the Commission were to make the nexus that it is an acceptable use and the Commission were to look at it as a long-term established use, staff would recommend that a specific plan amendment be proposed. Chairperson Kozak asked what the timeline would be fora specific plan amendment. The Director responded that a specific plan amendment.for this area would be extensive because there are significant infrastructure improvements, traffic impact fees, development standards that were established as part of the specific plan. The specific plan in this area operates as a policy, regulatory and an environmental document. A comprehensive review of the documents would be required. A.G. Kawamura, appellant, stated he is a LLC member of Orange County Produce and noted that he must comply with EPA and AQMD regulations. The Public Hearing closed at 7:33 p.m. Commissioner Davert stated that he has no objections to agricultural uses but noted that prior Councils and Commissions enacted the Specific Plan and he does not wish to undermine the specific plan but asked if there is a way to allow the use on a portion of the property. The Director stated that the Commission would need to make appropriate findings to allow the use, regardless of the allotted area. Commissioner Pontious noted that this is a policy issue that should be addressed by the City Council; however, she felt there was not a nexus. Chairperson Kozak noted his concern regarding a similar use. Commissioner Davert asked what options are available to the appellant. The Director responded that the appellant has appeal rights to the City Council or the property owner could propose a specific plan amendment. The Public Hearing was re-opened at 7:38 p.m. A.G. Kawamura, appellant, stated that he is prepared to take the issue before the City Council and noted that he could change the term agriculture to edible landscaping to circumvent the zoning issue. The Director stated that the issue is not agricultural versus landscaping uses. The issue is whether or not the use is similar to other uses and/or furthers the intent of the specific Planning Commission Minutes August 9, 1999 Page 5 plan. She cited that if, for example, Rogers Gardens wanted to establish there, that use would not be in keeping with and further the intent of the specific plan. Commissioner Davertasked the Director how the specific plan would be affected if the Commission were to allow the use for Mr. Kawamura because they felt partial to him and wanted to see the use. The Director stated that findings would need to be made to support the request. A.G. 'Kawamura, appellant, cited agricultural uses in the City on the Marine Corps base and at Sixth Street. The Director responded that the MCAS Tustin leases were negotiated by the Federal government and the property at EI Camino Real and Sixth Street,is under a different zoning designation and is not part of a specific plan. A.G. Kawamura asked if the nursery use formerly at Edinger Avenue was allowed prior to the specific plan. The Director responded that the discontinued use in question was non-conforming. Non- conforming uses may continue as long as they are in operation on an on-going basis. Once discontinued, the use may not be reestablished. The Director further noted that various users have wished to establish at 1200 Edinger and upgrade the building but the building is considered non-conforming and the only thing that would typically be allowed is repair of the facilities to ensure that it is maintained in a safe manner. The Public Hearing closed at 7:44 p.m. Commissioner Pontious noted that she was on the Planning Commission the Pacific Center East Specific Plan was adopted and a lot of thought was given to the pian. Commissioner Pontious moved, Commissioner Davert seconded, to adopt Resolution No. 3685 denying the appeal of Use Determination -99-002 and determining that agricultural uses are prohibited within the "Regional Center" and "Office Center" land use designations of the Pacific Center East Specific Plan. Motion carried 5-0. STAFF CONCERNS: 6. Report on Actions taken at the July 19 and August 2, 9999 City_Council Meetings Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. 1 I i Planning Commission Minutes August 9, 1999 Page 6 COMMISSION CONCERNS: Commissioner Davert Congratulated Cheryl Bell on her appointment to the Planning Commission. Commissioner Pontious - Welcomed Cheryl Bell to the Planning Commission and stated she would be a great addition. Commissioner Kawashima Asked if staff was responsible for code enforcement of restaurants and noted that the Dairy Queen in the Tustin Market Place was very dirty. The Director responded that she would refer the matter to the County Health Department. Inquired about the height of the Bally's sign. The Director stated that the sign was a legal non-conforming sign and could remain as long as no significant structural changes are proposed. Chairperson Kozak Congratulated and welcomed Cheryl Bell to the Planning Commission and thanked Leslie Pontious for her year as Chairperson. ADJOURNMENT: Commissioner Davert moved, Commissioner Kawashirna seconded, to adjourn-at 7:54 p.m. to a special Planning Commission workshop on August 11, 1999 at 5:30 p.m. and the 7:00 p.m. Special Joint Meeting with the U.S. Navy for the MCAS Tustin Environmental Impact Statement/Environmental Impact Report (EISIEIR) for disposal and reuse of the Marine Corps Air Station (MCAS) Tustin. Motion carried 5-0. A regular meeting of the Planning Commission will be held on August 23, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. DATE: AUGUST 23, 1999 Inter- Com Z-0 To TO: CITY OF TUSTIN PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES RECOMMENDATION That the Planning Commission adopt Resolution No. 3687 approving the revised guidelines. BACKGROUND In March 1999, the Planning Commission requested that the existing "Alcoholic Beverage Sales Establishment Guidelines" -be revised. This request was in response to their consideration of a Conditional Use Permit for a restaurant with alcoholic beverage sales that included deviations from the guidelines to allow billiard/pool tables, bar seating and video games at the establishment (see Attachment A -- Existing Guidelines). The Commission noted that the guidelines may not address the types of establishments that have recently become popular and that business owners would benefit from updated guidelines that clearly summarize the City's policies on the establishments that sell alcoholic beverages. DISCUSSION Formai Revisions The proposed "Alcoholic Beverage Sales Establishment Guidelines" are included in Attachment B. The following outlines the proposed format: Purpose and Intent. An introductory statement has been provided explaining the purpose and intent of the guidelines, which is to promote and*protectt the public Health, safety and general welfare,; and preserve and enhance the quality of the City relating to the establishments selling alcoholic beverages for on- and off-site consumption. Po iic : The guidelines are to be used to supplement review of conditional use permit applications for on-site and off-site alcoholic beverage sales establishments, identify desirable characteristics, and recommended findings and conditions of approval. Deviations to the guidelines. may be approved when the required findings can be made. Organization: The document is divided into four main sections: Definitions, Permit Process, Required.Findings, and Development Guidelines and Conditions of Approval. Planning Commission Report Alcoholic Beverage Sales Establishment Guidelines August 23, 1999 Page 2 Definitions: This section has been included to define whether a use is an on-site or off- site sales establishment. Definitions for various uses typically associated with alcoholic beverage sales that are regulated by the Tustin.City Code or adopted Use Determinations are also described. Permit Process: The permit process identifies processing procedures for on-site and off-site alcoholic beverage sales establishments consistent with the Zoning Code. Required Findin s: Findings are provided to ensure project compatibility. Findings are to be incorporated into project resolutions as adopted by the Zoning Administrator or Planning Commission. Development Guidelines and Standard- Conditions of Approval: The development guidelines are set forth as recommended conditions of approval that are to be incorporated into project resolutions adopted by the Zoning Administrator or Planning • Commission. The development guidelines/conditions of approval provide minimum standards for operational characteristics of specific types of uses. Content Revisions In addition to describing the purpose, intent and policies, the proposed guidelines provide definitions for uses associated with the on-site and off-site sale of alcohol. Since only restaurants.are exempt from the distance requirements from sensitive uses by the Zoning Code, precise definitions for various uses associated with the sale of alcohol are necessary to determine if an establishment is a restaurant or other type of on-site alcoholic beverage sales establishment. In March, the Planning Commission had to determine whether the primary use of an establishment that proposed .a cocktail lounge/bar use in more than fifty (50) percent of the floor area was a restaurant or a bar. Since the establishment was located less than the minimum required distance from a sensitive use, the Planning Commission adopted conditions of approval to ensure the use of the establishment operated as a restaurant. Establishing definitions would clarify the nature of uses that are typically associated with alcoholic-beverage sales. Definitions include: A definition of an Alcohol Beverage Sales Establishment is provided which . identifies the two types of establishments: on-site and off-site. On-site sales establishments offer alcoholic beverages for on-site consumption while off-site sales establishments offer alcoholic beverages for off-site consumption. Various types of uses are grouped under either on-site or off-site sales establishments (See Section II). Planning Commission Report Alcoholic Beverage Sales Establishment Guidelines August 23, 1999 Page 3 ■ On-site sales establishments are comprised of three main categories of uses: amusement resort, club, and restaurants. The purpose of separating restaurants from other on-site uses is that restaurants are exempt from the distance requirements from sensitive uses. In addition, amusement arcades generally provide for active recreation while clubs provide for entertainment. Types of amusement 'resorts - include arcades, billiard/pool halls, bowling alleys, indoor/outdoor recreation facilities, theaters, auditoriums and social halls. Types of clubs include bars/nightclubs, membership organizations, and microbreweries (See Section I1). ■ Off-site sales establishments are comprised 'of convenience stores, food markets/stores, microbreweries, and take-out restaurants (See Section I1). ■ -To address the Planning Commission's concerns raised in conjunction with the conditional use permit for a restaurant approved in March, the revised guidelines define a restaurant and what types of ancillary uses are allowed within a i restaurant. Ancillary uses may include: lounges, microbreweries, billiard/pool tables, video games, public dancing, live entertainment, and bar seating (See Section II). An ancillary use that encompasses more than 50 percent of the gross boor area of a restaurant is not considered ancillary and would' comprise the primary-use. In addition to definitions, the revised guidelines include findings and conditions of approval that are to be included in resolutions of approval. The findings focus on the location and nature of the establishment selling alcoholic beverages, the maintenance and operation of any ancillary uses, and the operational characteristics or features of the establishment (See Section IV). The standard conditions of approval are divided into three (3) categories similar to the format of the existing guidelines: "All Sales Establishments", "On-Site Sales Establishments" and "Off-site Sales Establishments" (See Section V) and also function as "development guidelines". Many of the existing conditions of approval have been retained, and the following conditions have been modified or eliminated: - For on-site consumption, the existing guidelines state that all alcoholic beverages shall be consumed on site. The State Business and Professions Code allows a customer to re-cork.and remove an unfinished bottle of wine off the premises. Therefore, this condition has been revised to allow alcohol that is sold at an on-site establishment to be consumed off-site in accordance with the Business and Professions Code Sections 23396.5 and 23401 (See Section V.2a). The existing guidelines state that no outdoor seating is allowed at a restaurant location. This condition has been revised to permit outdoor seating with the i • Planning Commission Report Alcoholic Beverage Sales Establishment Guidelines August 23, 1999 Page 4 approval of a conditional use permit in accordance with the Zoning Code and the Outdoor Seating Guidelines (See Section V.2.1 a). The existing guidelines state that no 'bar' type seating, pool tables or coin r operated games are permitted in 'a restaurant. These conditions have been eliminated in the revised guidelines and addressed as ancillary uses to a restaurant in the following manner: The revised guidelines would allow one billiard/pool table for every 2,000 square feet of gross floor area of-a restaurant up to a maximum of two. Establishments that have three (3) or more billiard/pool tables are considered a Billiard/Pool Hall and are subject to the use requirements established under the Zoning Code (See Section V.2.20. A maximum of five coin operated video arcade games would be permitted as ancillary uses in'a restaurant. Establishments that have more than five coin operated' video .arcade games are considered arcades which are subject to-the use requirements established under the Zoning Code (See Section V.2.2g). Bar seating or bar stools would be permitted as an acceptable type of seating in a lounge which is an ancillary use to a restaurant (See Section I1). The following table summarizes proposed changes related to bar seating, video games and billiard/pool tables in restaurants: ;Existi'nGurdl�nes �' �;P ,o osed;Guiclelines;, ; Billiard/Pool Tables in a Not Permitted A maximum of two(2)pool tables Restaurant would be permitted as an ancillary use to a restaurant. Video Games in a Not Permitted A maximum of five(5)video Restaurant _ games would be permitted as an ancillary use to a restaurant. Bar Seating in a Not Permitted Would be permitted in a lounge as Restaurant an ancillary use to a restaurant. The following conditions have been added to the revised guidelines: A copy of the appropriate license from the Alcohol Beverage Control Board must be provided to the City. Any violations of the regulations as they pertain to the regulations of the Department of Alcoholic Beverage Control may result in revocation of the subject Conditional Use Permit. These conditions require that . Planning Commission Report Alcoholic Beverage Sales Establishment Guidelines August 23, 1999 ' Page 5 the establishment conduct business in compliance with the Department of Alcoholic Beverage Control Board requirements. No sexually oriented businesses are to be conducted on the premises,unless approved in accordance with the City Code. The ambient noise level of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance, and the business operations shall be conducted in a manner which does not create a public or private nuisance. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. This condition is to ensure that all areas of a restaurant -serving alcohol,shall provide food service. The display of alcoholic beverages for sale at an off-site establishment shall be • located at least twenty-five (25) feet from the location of any video arcade games, virtual reality or coin/token operated games. These types of games usually attract children and adolescents under the age of twenty-one (21). The location of these displays should be separated from these games so that the consumption of alcohol by underage persons is not encouraged. PLANNING COMMISSION ALTERNATIVES: The Planning Commission has the following alternatives: ■ Reaffirm the existing Planning Commission Alcoholic Beverage Sales Establishment Guidelines; ■ Approve Resolution No. 3687 adopting the modified Alcoholic Beverage Sales Establishment Guidelines; or ■ Recommend modifications to the proposed guidelines. OL LAI A. Lu&I Karen S. Peterson Associate Planner Acting Senior Planner Attachments: A - Existing Alcoholic Beverages Sales Establishment Guidelines B - Resolution 3687 and Draft Proposed Alcoholic Beverage Sales Establishment Guidelines RESOLUTION NO. 3366 c A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE 3 FOLLOWED FOR CONSIDERATION OF ALCOHOLIC BEVERAGE SALES ESTABLISHMENT APPLICATIONS. a The Planning Commission of the City of Tustin does hereby resolve 5 as follows: 6 I. The Planning Commission finds and determines as follows: i A. That' certain guidelines shall be considered by Community Development staff and the Planning Commission when 8 considering Conditional Use Permit- applications for . alcoholic beverage sales establishments. 9 B. That certain standard conditions shall be required on on- to site alcoholic beverage sales establishments in conjunction with a restaurant use as follows: 11 . o All alcoholic beverages ' shal•1 be consumed on site. 12 o Authorization for on-site sales of beer _and - _ - wine/liquor sales is contingent upon the use of the 13 subject site remaining a restaurant. At such time the restaurant use is discontinued the use -permit becomes null and void. ' o All persons serving alcoholic beverages must be LO eighteen years of age or older and supervised by someone twenty--one years of age or older. 36 Supervisor shall be present in same area as point of sale. 17 O Hours of operation are limited to the hours of a.m. to p.m. (hours are identified 18 depending on the type' of operation) Food must be served during these hours. ' i9 o The menu of the restaurant shall consist of foods that are prepared on the premises. 20 o No outdoor seating is allowed at this location. o No 'bar' type seating is allowed. 21 a There shall be no pool tables or coin operated games on the premises at any time. 22 C. That certain standard conditions shall be required of 23 off-site sales establishments as follows: 24 o Authorization for off-site' sales of beer and wine/liquor is contingent upon the use at the 25 subject site remaining as (specific use is 26 identified here) . Should this use change or be discontinued, authorization for this use permit is null and void. a All persons selling alcoholic beverages shall be 28 twenty-one years of age or older. Resolution No. 3366 Page 2 0 Hours of operation are limited to the hours of 3 to (hours are identified depending on the -type of operation) . A 0 "No Loitering" signs shall be posted at the entrance of the business or -other. specified 5 location(S) 0 No pool tables or coin operated games are allowed 6 at this location. 0 No alcoholic beverages shall be consumed on any 7 property adjacent to the licensed premises under the control of the applicant. 0 0 Refrigerated single=serving beverage containers shall be located in an enclosed 'refrigeration unit 9 no less than ten (10) -feet from the point of sale and a minimum of five (5) feet from the store 10 entrance. 0 No display, sale or distribution of beer or wine..' 11 wine coolers or similar alcoholic beverages shall be made from an ice tub, barrel or similar. 12 container. ' 0 No sales or distribution of : alcoholic beverages. 13 shall be made from a drive-up or walk-up window. 0All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas no less 15 frequently than once each day that the business is open. - 36 o For establishments selling • alcoholic beverages and gasoline, no signs advertising alcoholic beverages 17 may be visible from the exterior of the building or on gasoline- pumps or islands. 18 0 Public telephones inside and adjacent to the establishment shall . be modified to prevent in- 19 coming calls. 20 D. That certain standard conditions shall be required of on- site sales establishments as follows: 21 0 All persons serving alcoholic beverages shall be 22 twenty-one years of age or,' older. .0 "No Loitering" signs shall be posted at the entrace 23 of the business or other specified location(s) . 0 No pool tables br coin operated games are allowed 24 at this location. o No alcoholic beverages shall be consumed on any 25 property adjacent to the 'licensed premises under the -control -of the applicant. 26 0 • All litter shall be removed from the exterior area around the premises including adjacent public sidewalk areas and parking areas no less frequently than once each day that the business is open. 28 F j • t Resolution No. 3366 Page 3 y o Public telephones inside and adjacent to the 3 establishment shall be :.modified to prevent in- coming calls . C E. That each Conditional Use Permit application for an 5 alcoholic beverage sales establishment shall be reviewed, based upon location and type of such establishment,. and 6 consideration of the following guidelines : 7 A determination that hours of operation • requested are appropriate for the use proposed and consideration given S to the proposed uses relation to: g. 1 . Residential areas; 2 . Protected uses, such as places of worship, parks, 10 schools, hospitals, clinics, convalescent homes . 3 . Other similar uses; selling or serving alcohol; ' 11 ' F. The applicant shall sign and geturn an Agreement to 12 Conditions Imposed form which states that the applicant _agrees to all conditions imposed, the conditions "shall be 13 included on the State issued Alcoholic Beverage license, and failure to comply with any of the foregoing conditions shall ,be grounds for suspension -or revocation of the -license .- PASSED AND ADOPTED by the Planning Commission of the City of Tustin 16 at a regular meeting held on the 25th day of September, 1995 . 17 19 MAIZJK-ASAL11EK Chair rson 20 21 22 ✓L��.<—� ..� BARBARA REYES 23 Recording Secretary 24 , 25 26 Resolution No. 3366 Page 4 i STATE OF CALIFORNIA } ' 3 COUNTY OF ORANGE } CITY OF TUSTIN } A 5 1, BARBARA REYES, the undersigned,. hereby- ;certify that I am the Recording Secretary ' of the Planning Commission of the City of 6 Tustin, California; that Resolution- No. 3366 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, 71 held on the 25th day of September, 1.995 : 6 9 1.0 - BARBARA REYES 11 Recording Secretary 13 peresos\3366.ru z6 17 18 39 20. 21 22 .23 24 25 26 281 I j • 1 RESOLUTION NO.-3687 2 3• A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING RESOLUTION 'NO. 4 3366 PERTAINING' TO GUIDELINES FOR ALCOHOLIC 5 BEVERAGE SALES ESTABLISHMENTS. 6 The Planning Commission of the City of'Tustin does hereby resolve as follows: 7 s 1. The Planning Commission finds and determines as follows. 9 A. That Planning Commission Resolutiori No. 3366, established to policy guidelines to be followed in reviewing alcoholic beverage sales establishment proposals. 11 12 B. That guidelines are needed to promote and protect the public health, safety and general welfare and preserve and enhance , 13 - ` - the quality of the City relating to alcoholic beverage '-sales establishments. 014 Il. In preparing the Alcoholic Beverage Sales Establishment Guidelines,11 : . the Planning Commission finds and determines: 16 A. That certain policies and' findings shall be considered by the 17 Community Development Department staff and the Planning 18 Commission when considering development applications for alcoholic beverage sales establishment uses within 19 designated zoning districts. 20 . B. That the guidelines provide policies, definitions and findings 21 that mitigate impacts typically associated with alcoholic 2z beverage sales establishments. • 23 III. The Planning Commission hereby adopts 'Resolution- No. 3687 amending Resolution No. 3366 pertaining to alcoholic beverage 24 sales establishments, attached hereto as Exhibit A. 2s 26 27. �28 , , 29 k1 I' Resolution No. 3687 Page 2 i 1 j . 2 PASSED AND ADOPTED at a regular meeting of the' Tustin Planning 3 Commission, held on the 23d day of August,.1 999. i 4 5 6 STEPHEN V. KOZAK .7 Chairperson 8 9 ' 10 11 ELIZABETH A. BINSACK Planning Commission Secretary 12 13 STATE OF CALIFORNIA ) 014 - COUNTY,OF ORANGE ) CITY OF TUSTIN ) 15 , 16 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that 17 Resolution No. 3687 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23'd day of August, 1999. 18 19 20 21 ELIZABETH A. BINSACK 22 Planning Commission Secretary 23 24 25 26 27 028 29 i i • i — s i i his fi� - GUIDELINES FOR ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS City of Tustin August 1999 i i , i E ' CITY OF TUSTIN ALCOHOLIC BEVERAGE SALES ESTABLISHMENT GUIDELINES PURPOSE AND INTENT: The purpose of these guidelines is to set forth guidelines to be considered in conjunction with the conditional use permit process to promote.and protect the public health, safety and general welfare,.and preserve and enhance the quality of the City relating to establishments selling alcoholic beverages for on- and off-site consumption. To fulfill this purpose, it is the intent.of these guidelines is to: 1. Establish reasonable guidelines to promote_ orderly development; • -2. -Identify operational ,guidelines to minimize- the impacts 'on adjacent properties and neighborhoods; and, 3. Ensure implementation of certain regulations' necessary to protect public safety. POLICY: The guidelines shall be considered by the Community Development Department and the Planning Commission in conjunction with applications for conditional use permits. The guidelines define on- and off-site alcoholic beverage sales establishments, identify desirable project characteristics, and.set forth recommended- findings and conditions"of approval. - The provisions contained herein shall be considered guidelines. The Zoning Administrator or Planning Commission may consider deviations when all the required findings can be made.' Alcoholic Beverage Sales Establishment Guidelines '{ Page 1 USING THE GUIDELINES I. ORGANIZATION The guidelines are organized into four sections: 1. Definitions: The definitions delineate on-site or off-site sales establishments and supplement uses described and regulated by the Tustin City Code and adopted Use Determinations. 2. Permit Process: The permit process identifies processing procedures for obtaining ' approval for on and off-site alcoholic beverage sales establishments. 3. Findings: Findings are provided to be considered for incorporation into project resolutions as adopted by the Zoning Administrator or Planning Commission. 4. Development Guidelines and Standard Conditions of Approval: The development guidelines -are conditions .of approval that are to be incorporated into project resolutions adopted by the Zoning Administrator or Planning Commission. The development guidelines/conditions of approval provide minimum standards for operational characteristics of specific types of uses. II. DEFINITIONS The following definitions supplement uses described and regulated by the Tustin City Code and adopted Use Determinations and are to be used in determining whether a use is an on-site or off site sales establishment. If there is a discrepancy with the following definitions, the Zoning Code shall prevail. Alcohol Beverage Sales Establishments: Alcohol beverage sales establishments are comprised of on-site and o££-site establishments. Alcohol is either sold for consumption on the premises (on-site) or sold for consumption off the premises (off-site). The following definitions :are grouped-under ori-site or off-site sales establishments and incorporate the regulations regarding sale of alcohol and types of uses defined by the Tustin City Code and adopted Use Determinations. ❖ On-Site Sales Establishment. An on-site sales establishment provides for the sale,of alcoholic beverages for consumption on the premises. On-site sales establishments, such as amusement resorts or clubs, are subject to the following minimum distance regulations measured from the closest exterior wall of the on-site establishment to the property line of any of the Alcoholic Beverage Sales Establishment Guidelines Page 2 f • following sensitive uses. -.Restaurant establishments, as defined in these guidelines, are excluded from the distance regulations. 1. 1,000 feet from any residentially zoned-or used property. 2. 1,000 feet from any other existing on-site sales establishment except for a restaurant or off-site sales establishment. 3. 1,000 feet from any church, place of worship, public or private school, park, playground, clinic, hospital, health care facility or convalescent home. Definitions of On-Site Sales Establishments: • Amusement Resorts: include arcades, theaters, auditoriums, social halls and indoor/outdoor recreation facilities, including billiard/pool halls and bowling alleys. Facilities that serve beer, wine or other alcoholic beverages and are not ancillary to a full- service restaurant on the premises, or that incorporate more than 50 percent of the total gross floor area of the establishment, shall be Y subject to the distance requirements for on-site sales establishments. ✓ Arcade. An establishment that has more than five coin or token operated video, pinball, electronically interactive games, virtual reality games, or any other machines which provide games and/or show movies or videotapes for entertainment purposes. ✓ BilliardlPool Hall: An establishment with signing or advertising of billards and/or accomodating three (3) or more billard,pool, or similar games of skill., ✓ Bowling Alley: An indoor facility providing lanes and services for .the purpose of bowling. These facilities may include ancillary retail sales of bowling merchandise,food and beverages. ✓ Indoor/Outdoor Recreation Facilities: An establishment designating more than 50 percent of the total square footage including indoor and outdoor areas to amusement/entertainment services, sports and types of recreation where a fee or admission is • charged, including arcades containing coin or token operated amusements and/or electronic games; batting cages go-cart and miniature auto race tracks; f Alcoholic Beverage Sales Establishment Guidelines Page 3 Mgolf driving ranges separate from golf, courses; miniature golf; swum and tennis clubs; bowling alleys; children's entertainment centers; pool and billiard. rooms; skating and hockey rinks and parks, virtual reality establishments,.etc. This does not include card rooms; or dance clubs, halls and ballrooms, which are included in the definition of"Bars". ✓ Theaters, Auditoriums, Social Halls: An indoor facility for public assembly and group entertainment including public and semi-public auditoriums, exhibition and social and convention halls, civic theaters,meeting halls, country clubs and facilities for "live" theatrical entertainment, musical concerts, motion pictures, video taped presentations, or slide photographs, and offers food and drink that is not ancillary to a full-service restaurant within the a premises. These facilities are for use or rent by-the general public. • • Clubs: An establishment with table and bar seating that serves beer, wine and other alcoholic- beverages to patrons for on-site consumption, which is not an ancillary use to a full-service restaurant. If food service is offered, the gross receipts of alcohol sales exceed the gross receipts of food sales. ✓ Bar/Nightclub. A bar or nightclub establishment typically stays open late at night and can offer a combination of live performers, a piano bar, musical groups with acoustical instruments, amplified music, facilities for patron dancing, comedy or magic acts, and/or food and drink that is not ancillary to a full- service restaurant, and the .gross annual sale of alcohol may exceed the gross annual sale of food. A bar or nightclub can also be referred to as a cocktail bar or alcoholic beverage drinking place. Membership Organizations: Permanent, headquarters, and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations;. labor unions and similar .organizations; civic, social and fraternal organizations; political organizations and other membership organizations. May include meeting facilities, and food preparation and dining facilities available to Alcoholic Beverage Sales Establishment Guidelines Page 4. i I i • members only. However, this does not include country clubs, which,'.is defined under "Theaters, Auditoriums and Social Halls" above. ✓ Micro brewery: A tasting facility or bar*ancillary to the production of beer and where the production of beer is not ancillary to a full-service restaurant within the facility. • Restaurant. A retail establishment that sells food and beverages prepared. on the site, where customers are I served for on-site consumption. At least 80 percent of the premises seating shall be designed and used for and must possess the necessary utensils, table service, and condiment dispensers with which to serve meals to the public. The gross annual sales of food shallexceed the sale of alcohol. A restaurant may have ancillary uses such as a lounge, microbrewery,_billiard/pool tables, video games, public dancing, and live entertainment, ancillary to the restaurant use. ✓ Lounge (Cocktail Lounge): A designated area with table and bar seating within a full service restaurant • where alcoholic beverages are served for on-site consumption. The gross receipts of food sales must exceed.the gross receipts of alcohol sales. The area of the lounge shall be less than 50 percent of the total dining area of the restaurant ✓ Micro brewery: if the production of beer is ancillary to a full-service restaurant within the facility providing -food and drink including the microbrew produced on-site, the microbrewery can be considered a restaurant. ❖ Off Site Sales Establishment: The sale of alcoholic beverages for consumption off the premises. Off-site sales in-an establishment less than 15,000 square feet and in establishments greater than 7.5,000 square feet where the alcohol beverage sales area occupies more. than 10 percent of the gross floor area are subject to the following minimum distance iegulations. 1. 3.00 feet from any residentially zoned or used property. 2. 500 feet from any other existing off-site sales establishment. 3. 600 feet from any church, place of worship, public or private school, park; playground, clinic, hospital, health care facility or convalescent home., i` i' Alcoholic Beverage Sales Establishment,Guidelines I Page 5 • 4. 600 feet from existing on-site sales establishments, except restaurant establishments. Definitions of Off-Site Establishments • Convenience Store: A retail establishment that is under 15,000 square feet in Size where food, beverage,magazines and auto related items, or any combination thereof, are sold for off-site consumption. Alcoholic beverage sales are considered a primary use when they occur within a retail business that is less than 15,000 square feet in gross floor area. or where the total area of sales is more than 10 percent of the total gross floor area. • Food Market Store: A retail establishment where food, beverage, household and personal items, or any combination thereof, are sold for off-site- consumption. Alcoholic beverage sales are considered an accessory use when included as part of another retail business that=' occupies at least 15,000 square feet of gross floor area, and where the total area devoted to alcoholic beverage.sales occupies no more than 10 percent of the total gross floor area and are exempt' from distance requirements. Alcoholic beverage sales are considered a primary use when they occur within a retail business.where the total, area of sales is more than 10 percent of the total gross floor area and would be defined as-a convenience store. • Microbrewery. An establishment that includes beverage production of beer and may include 'a tasting facility and sales of beer produced on the premises. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within a tasting facility. • Restaurant(Take-Out): A retail establishment that sells food prepared on the premises and beverages solely for,off-site consumption. III. PERMIT PROCESS - Applicants requesting approval for the on or off-site sale and/or consumption -of alcoholic beverages shall obtain a conditional use permit issued by the Zoning Administrator or Planning Cornrnission. I Alcoholic Beverage Sales.Establishment Guidelines i Page 6 I . I • Projects Subject to the Guidelines The sale of alcoholic beverages for on-site or off-site consumption at new or existing establishments, as regulated by the Zoning Code, shall comply with these guidelines. IV. REQUIRED FINDINGS In considering applications for% alcoholic beverage sales establishments, the Zoning Administrator and/or the Planning Commission-shall find-the following: 1. That the establishment, maintenance and operation of selling alcoholic beverages for on- or off-site consumption or ancillary uses'related thereto will not be detrimental to the 'health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be 1 injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to_,-the general welfare of the City of Tustin, as evidenced by specified findings. 2. That the operational characteristics and features of the facility such as the hours' of operation, outdoor dining, live entertainment, coin_ operated video games, and billiard/pool tables, are appropriate for the location and type of use proposed in relation to surrounding residential areas, sensitive uses such as places of worship, parks, •schools, hospitals, clinics, convalescent homes, and other.similar'uses selling or serving alcoholic beverages. 3. That the development or modification of an establishment selling I alcoholic beverages shall be consistent with the General Plan and Zoning I Code. V. DEVELOPMENT GUIDELINES AND CONDITIONS OF APPROVAL i The following guidelines are set forth as recommended conditions of approval to identify desirable project characteristics and operitting conditions-for specified uses and ensure- compliance through incorporation into approval resolutions. -1. All Sales Establishments (On-Site and Off-;Site Sales): a. Applicants shall obtain.the appropriate" license' from the State Department of Alcoholic Beverage Control for the-type of alcoholic sales authorized for the site. A copy shall provided to the City. Alcoholic Beverage Sales Establishment Guidelines Page 7 i b. Approved uses ;shall operate within all applicable State, County n and the Tustin City Code. .Any-violations_of the regulations of the Department of Alcoholic Beverage Control as they pertain to -the subject location, or of the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided for in Section 9293c of the Tustin City Code. C. No loitering signs shall be placed near the entrance on the outside of the premises, or in other specified locations where alcoholic beverages are sold. d. All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas, and parking areas, no less frequently than once each day that the business is open. _ e. Public telephones inside and adjacent to the establishment shall be modified to prevent incoming calls. f. No sexually oriented businesses shall be conducted on the premises i without approval by'the City in accordance with the Tustin City Code. - g. Business operations shall be in a manner which does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. h. The applicant shall sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Director which states that the property owner, applicant,.and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. • 2. All On-Site Sales Establishments: a. All alcohol shall be consumed on-site with the exception of the provisions stated in the Business and Professions Code Section 23396.5 and 23401. " b. Authorization for on-site sales of alcohol in conjunction with the proposed use is contingent upon the use remaining at the subject_ Page 8 AIcoholic Beverage Sales Establishment Guidelines j' site. At such time the use is discontinued or no longer the primary use of the site, the use permit shall be deemed null and void. C. Ambient noise of the on-site sales facility shall not exceed the standards of the City of Tustin Noise Ordinance. 2.1 Amusement Resorts & Clubs: a. All persons serving alcoholic beverages within an establishment other than a restaurant must be 21 years of age or older. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. C. Operating hours shall be determined by the Planning Commission. F d. The gross annual sales receipts shall be provided to the Community Development Department annually. • 2.2 Restaurants: a. The restaurant menu shall consist of foods that are prepared on the premises. b. No outdoor seating is allowed at the site without approvals in accordance with the Tustin City Code. C. All persons serving alcoholic beverages within a restaurant establishment must be 18 years of age or older and supervised by someone 21 ,years of age or 'older. The supervisor shall be present in the same area as point of sale. d. The sale of alcoholic beverages - within a restaurant establishment shall be limited Ao--the hours when food is available. Service of food menu items shall be during all business hours. e. Any cocktail lounge or bar area within a restaurant shall function as a food and beverage service bar. Alcoholic Beverage Sales Establishment Guidelines Page 9 if. One billiard or pool table shall be permitted for every 2,000 square feet of total gross floor area of the restaurant up to a maximum of two (2) tables. g. A maximum of five coin operated video arcade games, virtual reality games or coin operated games may be located on the premises. h. Operating hours shall not exceed the hours of other similar businesses within the adjacent vicinity. L The gross annual sales receipts shall be provided to the Community Development Department annually. 4. Off-Site Sales: a. All persons selling alcoholic beverages for off-site consumption shall be 21 ` years of age or older. b. No alcoholic beverages shall be consumed on the property or any adjacent property to the licensed premises. c. Refrigerated single serving beverage containers shall be located in. an enclosed refrigeration unit no less than 10 feet from the point of sale and a minimum of five feet from the entrance to the premises. d. No display, sale or distribution of alcoholic beverages shall be made from an ice tub,barrel or similar container. e. For establishments selling alcoholic beverages and gasoline, no signs advertising alcoholic beverages may be visible from the exterior of the building or on gasoline pumps or islands. f. Display of alcoholic beverages for sale shall be located at least 25 feet from the location of any video arcade game, virtual reality or coin/token operated games. I Alcoholic Beverage Sales Establishment Guidelines Page 10 Y QL ODATE: AUGUST 23, 1999 I rl t e r- C O m CITY OF TUSTIN PLANNING COMMISSION TO: FROM: COMMUNITY DEVELOPMENT DEPARTMENT` SUBJECT ABOVE GROUND CABINETS DESIGN GUIDELINES AND ORDINANCE RECOMMENDATION That the Planning Commission adopt Resolution No. 3652 recommending that the City Council adopt the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. BACKGROUND On March 8, 1999, the Planning Commission reviewed the draft Above Ground Cabinet ,Design Guidelines and Ordinance No. 1213. After discussion among the Planning Commission and testimony from utility providers,.the Planning Commission directed staff to continue the hearing to a date,uncertain to allow.staff the opportunity to meet with interested utilities (see Attachment A- Staff Report and Minutes dated March 8, 1999). On March 31, 1999,'staff met with representatives from various•utility companies and received written comments following the meeting (see Attachment B - Comment Letters). In general, the discussion and written comments suggested creating a policy document rather than an ordinance to implement the guidelines and establishing a process for pre- approval of installation of new standard size cabinets. Following the meeting with 'utility providers, staff revised the guidelines, to_address Planning Commission and utility provider concerns and circulated them for review among utility providers. The revisions were intended to: Clarify when Design Review is required; Provide an exemption from the Design Review process for replacement of cabinets that are the same size or smaller;. Define the preferred locations for new cabinet,installation; Provide flexibility in the size of cabinets that may be used; and, .Allow screening requirements (i.e., painting) to be consistent with manufacturer's recommendations and eliminate the requirement for shrubbey screening. On June 7,.'1999, staff met with. representatives of Pacific Bell and Southern California Edison to discuss their comments on the revised guidelines. In general, they suggested: Creating a policy document rather than ordinance; Establishing an easier process to approve replacement and new'cabinets where minimal impacts are anticipated; and, Above Ground Cabinets Design Guidelines August 23, 1999 Page 2 Eliminate the requirement for posting signs on cabinets with the utility provider's phone number. Attachment C contains Southern California Edison and Pacific Bell's suggested additions and deletions on an earlier version of the revised guidelines. The revised guidelines were scheduled to be considered by the Planning Commission on June 14, 1999. However, after the staff reports with the proposed revised guidelines were distributed to all utility providers, the meeting was cancelled. On August 9, 1999 Southern California Edison and Pacific Bell submitted comments based on the revised guidelines (Attachment D). In general, they indicated that: Sections 4.1(a) and 4.1(c)(2) which require utility• providers to submit letters justifying why the cabinets cannot be placed underground or at a sufficient distance from existing cabinets should be eliminated. Section 4.1(c)(1) which recommends measures to prevent overconcentration of cabinets appears to preclude joint trenching. In general, height restrictions (Section 4.2) are unnecessary and the guidelines should be revised to allow a twenty.(20) percent increase in size for replacement cabinets. . Sections 4.1(b)(3) and Section .4:1(c)(1) which discuss location and overconcentration of cabinets should be clarified. • Section 50) which requires notification to property owners within 100 feet should be limited to provide notice to the adjacent property owner. DISCUSSION The guidelines have been revised to address and reconcile Planning Commission, staff, and utility provider concerns and comments (see Attachment E- Exhibit A of Resolution No. 3652) as described below. Highlighted sections indicate revisions made to the June 14, 1999, version of the guidelines. Purpose: Although the utility providers requested that the guidelines be a policy document, staff recommends that the guidelines be enabled through an ordinance to provide for uniform implementation and enforcement. Ap licabili : The guidelines would apply to all utility providers that request approval to locate above ground cabinets in the right-of-way, including utility providers that are regulated by California Public Utilities Commission (CPUC). The guidelines set forth preferences for locating equipment in the public•right-of-way to minimize safety and aesthetic impacts. The guidelines do not attempt to regulate technical standards governed by the CPUC but instead provide guidance on where cabinets should be located and how large they may be in certain sensitive areas. Above Ground Cabinets Design Guidelines August 23, 199 9 Page 3 Traffic controller and irrigation controller cabinets are proposed to be exempted from the guidelines since they are different in nature and function and provide essential services to the public. Process: Section 3 sets forth the process for approval of all replacement and new cabinets located in the public right-of-way. Replacement-of cabinets that are the same size ' as or smaller than existing cabinets would be subject to the Encroachment Permit process and exempt from Design Review. New or larger replacement, cabinets would be subject to a concurrent Encroachment Permit/Design Review process provided the cabinets would not be located adjacent to a front yard setback area or would .not obstruct line of sight. All other new or larger replacement cabinets would be subject to Design Review prior to the Encroachment Permit. System upgrades would require a Master Pian to be submitted concurrently with a Design Review application, when Design Review is required by the guidelines. Public.Noticing/Input: The Encroachment Permit or Design Review process does not require public noticing or input. However, a standard condition of approval has been included. to require the utility provider to provide notification to adjacent property owners within a'one hundred (100) foot radius indicating the type, location, and-size of cabinets that will be installed and the estimated start and • ending dates of construction. . Since the guidelines recommend that cabinets be located in areas other than adjacent to residential front yards unless no other feasible location exists, staff believes that there is sufficient protection for residential properties without public input. In addition, since the cabinets are placed in the public right-of-way by utility providers, adjacent property owners do not assume any liability or responsibility. In response to'the June 14, 1999, version of the guidelines, Southern California Edison and Pacific Bell suggested that notification be given only to those property owners that will be directly affected by the construction/installation of the cabinets. Since a one hundred.(100) foot.radius is modest and generally includes one or two properties adjacent to the affected properties, it is not unduly burdensome to provide notice and would serve to notify nearby property owners that may perceive that they are affected due to the proximity of the cabinet. Fees: Encroachment Permit fees are determined on a case=by-case basis and typically include a $35.00.base fee plus an hourly rate of$37.50 for staff review of the permit application and inspection of the site. In the past, the Public Works Department has typically charged $37.50 per cabinet. The Design Review fee is $375.00 per application. More than one cabinet may be included in the same Design Review application. • Location: Section 4.1 sets forth preferences for locating cabinets in the following order. 1) underground; 2) adjacent to non-residential properties; 3) adjacent to side or rear, yards of 'residential properties;. and 4) adjacent to, the side or shared property line in the front yards of residential properties. The intent is to discourage Above Ground Cabinets Design Guidelines ' August 23, 1999 Page 4 locating cabinets adjacent to residential -front yards. In addition, the guidelines discourage more than one cabinet from being located adjacent to the same side of a property to avoid overconcentration. In response to the June 14, 1999 version* of the guidelines, Southern California Edison and Pacific Bell requested that Sections 4.1(a) and 4.1(c)(2) requiring letters justifying undergrounding cabinets or placing cabinets in close proximity to each other should be eliminated. The intent of the guidelines is to preclude visual clutter associated with above ground cabinets: The letters of justification are necessary to ensure that unwarranted above ground installations or overconcentrations of cabinets do not occur. Southern California Edison, and Pacific Bell also noted that Sections 4.1(b)(3) and Section 4.1(c)(1) appear to conflict and need to be clarified. Section 4.1(b)(3) encourages cabinets to be located as closely as possible to shared property lines between front yards rather than the center of properties. Sections 4.1(c)(1) and (2) require cabinets to be located as far as possible,from existing cabinets and, if this is not possible, require a letter to justify why the cabinet cannot be located at a sufficient distance from another cabinet. The intent of these sections is to prevent cabinets from being located adjacent to front yards and overconcentration of cabinets at side yard property -lines.- While they may appear to conflict, they provide maximum- protection for residents by specifying the, proper location for cabinets and discouraging overconcentration of cabinets. Southern California Edison and Pacific Bell also noted that Section 4.1(c) which requires separation distance between cabinets appears,to preclude joint trenching. While this section would not necessarily preclude joint trenching, it is intended to regulate the long-term effects of cabinet installation rather than construction impacts. Size: All size's of cabinets would be subject to the guidelines. As proposed, the height of cabinets may not exceed'the permitted height of fending as determined ry at the property line in residentially zoned areas adjacent to the front, side, or rear' yards of residential properties: , For example, in the front yard setback area of residential areas, fencing. may not exceed three (3) feet. In side and rear yard areas, fencing may not exceed six feet eight inches (6'-8"). The size of cabinets located in non-residential areas would be considered on a case-by-case basis. No volume restriction is proposed. .The intent of the height restriction is to allow private property owners to be able to screen their view of cabinets by erecting fencing while providing maximum flexibility in the volume of cabinet that may be installed. In response to the June 14, 1999 version of the guidelines, Southern California Edison and Pacific Bell noted that the original version of the guidelines allowed for 9 9 - a twenty (20) percent variation in cabinet size. The revised 'guidelines are intended to restrict the height of cabinets in residential areas to the allowable fence height and provide maximum flexibility in other zones. No variation is necessary in Above Ground Cabinets Design Guidelines August 23, 1999 Page 5 _ case-by- case residential zones since the cabinet height would be considered on a case by- _ case basis. ' However, allowing a variation in height in residential areas would defeat the purpose of limiting the cabinet height,to the allowable fence height so ' residents could effectively screen cabinetswith fencing if they choose. Screening: In residentially zoned areas, cabinets would be required to be screened to match or complement surrounding. features such as fencing, buildings, or landscaping. In response to comments regarding the possibility of voiding cabinet warranties if they are painted, the techniques -to be used would need to be applied in accordance with 'manufacturer recommendations. In addition, as recommended by the Public Works Department, the requirement for shrubbery screening was eliminated due to the difficulty of maintaining vegetation in good condition in the right-of-way. Typically, private property owners maintain the landscaping in'the parkway in.front of their properties. Standard Conditions of Approval: A number of standard conditions are proposed including requiring cabinets to,be treated with materials which discourage or repel graffiti and utility providers to be responsible for removing graffiti from cabinets within 48 hours. In response to utility provider. comments, the requirement for company contact information to be posted on the cabinet was revised to require the information to be kept on file with the Public Works Department. Ordinance No. 1213 Ordinance No.1213 has been revised to be consistent with the revised Above Ground Cabinet Design Guidelines. Ordinance No. 1213 (see Attachment E - Exhibit.A of Resolution No. 3652) is an enabling ordinance which supports the guidelines by outlining findings and mitigation measures for impacts associated with above ground cabinets. The ordinance also establishes application requirements and designates the Public Works Director and Community Development Director as the reviewing authorities. UCVV,,, 'Ju ina Wigkom Karen Peterson Associate Planner Acting Senior Planner Attachments: A.` Staff Report and Minutes dated March 8, 1999 B. Letters dated April 22, 1999, and April 23, 1999 C. Comments received June 7, 1999 D. Comments received August 9, 1999 E. Resolution No. 3652 S:ICDDTCREPORINm inetgvidelines8-B9.doc r Ir - ATTACHMENT A STAFF REPORT AND MINUTES DATED MARCH 8, 1999 ITEM �3 DATE: Inter- Com MARCH 8, 1999 S�1 TO: CITY OF TUSTIN PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: . ABOVE GROUND CABINETS DESIGN GUIDELINES AND ORDINANCE RECOMMENDATION That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. BACKGROUND The City of Tustin is currently served by two cable television companies(Cox Communication and Media One). These companies anticipate upgrading their services by adding high-speed digital telephone and data transmission (Internet) services. The upgrades will provide recipients with better quality transmission,reliable video picture,and the option to subscribe to high-speed Internet access and digital telephone services. The upgrades will be provided throughout each delivery service areas which include Old Town Tustin and Tustin Ranch areas. As part of the overall upgrades,installation of new lines and additional equipment such as.above- ground cabinets housing the power supply for the service will be required. Attachment 2 shows a typical cabinet proposed by Media One. These cabinets will be installed within the public right-of- way. The location of the power.supply is determined by the size of each node, and the load and voltage requirements for each power line. The installation of these cabinets which includes under- grounding fiber optic lines will require trenching by' cutting the streets, removing sidewalks, trenching along the parkways,and possibly boring of intersections. DISCUSSION Design Guidelines To address potential visual impacts and safety concerns associated with the installation of the above-ground cabinets, staff prepared the draft Above Ground Design Guidelines (Exhibit A of Resolution No. 3652). In general, the guidelines address facility location, size, screening, and review process as follows: PIanning Commission Report Power Supply Cabinet Design Guidelines March 8, 1999 Page 2 Location K Currently there is no policy or guidelines regulating the location of above ground cabinets. Since a number of these cabinets will be located in the public right-of-way, staff recommends several locations in order of preference including locating adjacent to non-residential properties,in the rear or sides of properties, and farthest from curb lines and intersections. The intent is to encourage locations that will be the least obtrusive to the surrounding area. ■ Provisions also included to restrict the cabinets from encroaching into the disabled access along the sidewalks. Size • Although the City does not regulate certain particular housing for the above- ground cabinets,regulation on the maximum size allowed for the cabinet is included. This provision will prevent oversize cabinets from being installed in the right-of-way. • • To allow flexibility, the Zoning Administration may consider a Minor Adjustment or Administrative Variance for cabinets that exceed maximum size by no more than 20 percent when no other technologically feasible alternative exists. Screening ■ Provisions are included requiring screening of the cabinets. Screenings include but are not limited to the use of matching paint, texturing, faux finishing and actual matching building and landscaping materials. ■ Removal of any Iandscaping to install the cabinets shall be replaced with landscaping materials similar number,type,and size. ■ No signs shall be allowed other. than emergency phone number of the responsible company which will be oriented away from the street frontage. Application Requirements and/or Restriction To ensure that applicants follow the guidelines once adopted, a Master Plan • identifying all proposed cabinets is required to be submitted to the Community DevelopmentDepartment. The installation of the cabinets can occur in several j Planning Commission Report ; Power Supply Cabinet Design Guidelines March.8, 1999' Page 3 phases, however, each cabinet must be :identified within the Master Plan. "The Director of Community Development, through a Design Review process, will review the Master Plan. ' r In addition to the Master Plan Design Review application, any"installation of cabinets Iocated,in'the public'right-of-way will require an Encroachment Permit issued by the Public Works Department. Authorization Finally,,the Director of Community Development. is. authorized to enforce the provisions of these guidelines. The Director of Community Development will review the Master Plan and phased development in,accordance with the design guidelines. _ The applicant,or any other interested party,may appeal any decision of the Director " of Community Development to'the Planning Commission in accordance to the appeal procedures indicated in the existing Design Review process (Tustin City Code Section 9272f . Ordinance No. 1,213 Ordinance No.1213 is included to accompany the Above Ground Cabinet.Design Guidelines for above ground cabinetswithin the public"-right-of-way.- Ordinance No. 1213 is an enabling ordinance which supports the guidelines by outlining findings and mitigation measures for impacts associated with above ground cabinets. The ordinance also establishes application requirements.and designates the Community Development Director as the reviewing authority. Appeals.procedures are .also included pursuant.to Section 9272f of-the Tustin City Code. , a fir'1� Jus ' a Willkom Karen Peterson Associate Planner Acting Senior Planner Attachments: 1.Resolution No.3652 2.Typical Above-ground Cabinets by Media One 3. OrdinanceNo. 1213 S:ICDDTCREP0Rllca=unica0on nods cahio'm doe - a I RESOLUTION NO. 3652 • 2 A RESOLUTION OF THE PLANNING COMMISSION OF 3 THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. 4 1213, RELATED TO DESIGN GUIDELINES FOR ABOVE s GROUND CABINETS WITHIN THE PUBLIC RIGHT OF WAY. 6 7 The Planning Commission of the City of Tustin does hereby resolve as follows: 9 1. The Planning Commission finds and determines as follows: 14 A. That cable television companies servicing the City are 11 expanding their_ services by adding high-speed digital telephone and data transmission(Internet)services. That.the 12 upgrading will require installation of additional equipment such as above ground cabinets within the public right-of-way. 13 14 B. That currently no guidelines are in place to regulate the location, screening, and safety of above ground cabinets in . "15 the public right-of way. 16 C. That guidelines and development standards are needed to 17 promote and protect the public health, safety and "general 1s welfare and preserve and enhance the quality of the City .relating to the orderly development of cable television and 19 internet services upgrade installations. 24 II. In approving the Above Ground Cabinet Design Guidelines, the 21 Planning Commissionfinds and determines: 22 A. That the guidelines provide standards that mitigate impacts 23 typically associated with installation of utility cabinets within the public right-of way including measures to reduce the 24 visual impact of above ground cabinets. 25 B. That the guidelines require approval of a Master Plan/Design 26 Review process which would ensure that cabinets are 27 developed in an orderly manner with respect to location, size, and screening. zs • 29 Resolution 3652 Exhibit A 1 Page 2 2 3 C. That traffic signal control cabinets should be exempted from the guidelines since they are different in nature and function in 4 that they provide for public safety and must. be located in close proximity to traffic control devices. 5 6 D. That the Director of Community Development should be authorized to approve,, approve with conditions or deny the Master Plan Design Review application. 11 1. The Planning Commission hereby adopts the Above Ground Cabinet 9 Design Guidelines to 'be followed when considering a Master Plan to Design Review application for the i6staIlation' of .above ground' cabinets within the public right-of way,attached hereto as Exhibit A. 11 - - 12 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,held on the 8°i day of March-, 1999. 13 I4 15 LESLIE PONTIUS Chairman 16 17 ELIZABETH A. BINSACK �$ Planning Commission Secretary 19 STATE OF CALIFORNIA ) 20 _ COUNTY OF ORANGE- ) 21 CITY OF COUNTY-OF y ) 22 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the 23 Secretary of the Planning Commission of the City-of Tustin, California;that Resolution No. 3652 was duly passed and adopted at a regular meeting of 24 the Tustin Planning Commission, held on the 8' day of March, 1999. 25 E 26 , 27 t 28 ELIZABETH A. BINSACK 29 Planning Commission Secretary Resolution 3652 Exhibit A Page 3 Above Ground Cabinet Guidelines SECTION 1: Purpose and Intent 1.1 The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-of- way and implement Ordinance 1213, Design Review of above ground cabinets. These guidelines are,intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. SECTION 2: Location 2.1 When locating above ground cabinets, the following must be considered in order of preference: A. Where appropriate, cabinets located in close proximity to prominent or sensitive locations should be installed underground. ' B. Where- possible; cabinets should be located adjacent to non-residential properties; or, C. Where possible, cabinets should be located adjacent to sides or rear yards of residential properties,preferably on major streets; or, D. Cabinets located in parkway areas should be located-as far as possible from the curb line in an area which gives the best opportunity for screening. If necessary, the .installing entity shall relocate the sidewalk and transition to match -the existing sidewalk. 2.2 - Cabinets shall be located to satisfy line of sight requirements at any intersections and driveways. 2.3 Where on-street parking is not restricted adjacent to the proposed cabinet, the` cabinet shall not hinder opening of vehicular doors. 2.4 Disabled access along public sidewalks shall be'maintained adjacent to all service cabinets (i.e. rninimum.of 4 to 4.5 feet clear-sidewalk). 2.5 Cabinets shall not interfere with any existing or proposed improvement projects. Resolution 3652 Exhibit A Page 4 j' SECTION 3:.Size 3.1 Except as provided in Tustin City Code Section 7263, no cabinets shall exceed five (5) feet in height, three (3)°feet in depth, and three (3), feet in width, exclusive of meter panels of pedestals,with the exception of traffic signal control cabinets. 3.2 Cabinets that exceed the maximum size specified within the Design Guidelines by no more than 20 peicent may be administratively approved„by the Community Development Director in conjunction with a Master Plan/Design Review and Minor. Adjustment or Administrative Variance process in accordance with TCC Section 9299 if substantial evidence indicates that no other_ technologically feasible alternative exists.- SECTION 4: Screening 4.1 Cabinets shall be enclosed and screened to-match or complement existing fencing, screening,, other utility.cabinets (if present)- and/or landscaping. The use of matching paint;, texturing, faux finishing, -and, actual matching building and landscaping materials shall be used. 4.2 Cabinets shall be constructed and treated with appropriate' materials which . discourage or repel graffiti.- 4.3 Any removal of landscaping to install the above ground cabinet shall be replaced with landscaping materials similar number,type, size as approved by the Director of Community Development and Public Works. 4.4 The use of crash post is discouraged. However, if shown as necessary, the exterior finish of crash post should•be given a.,screening treatment which matches or complements the screening for the structure.' 4.5 All access openings shall be placed to face away from street frontages, except traffic signal control cabinets. 4.6 Cabinets shall include the phone, number for a responsible person at the .communication company. Said signage shall be oriented away ,from the street frontage. The size of this information should be a maximum of five (5) percent of the cabinet fagade. 4.7 All screening devices shall be installed and maintained by 'the communication company subject to inspection by City staff. ; Resolution 3652 Exhibit A Page-5 4.8 The above ground cabinet'shalI not bear any signs of advertising devices (other than certification, warning or other required seals or signage). SECTION 5: Noise Standard r 5.1 The noise emanating from the above ground cabinets shall meet the City's adopted' Noise standards. 'SECTION 6: Abandonment 6.1 'An above'ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason,the operator shall notify the City of Tustin fi writing no later than five(5)days after the discontinuation of use. 6.2 Cabinets-that are no longer being used shall -be removed promptly no later than ninety (90) days after .the discontinuation of'use. Such removal shall be in accordance with proper health and safety requirements. All affected area shall be restored to,its original condition at the operator expense. 6.3 The Design Review approval ' a pp val shall be reviewed by the Duector of Community Development at the.end of five (5) years from the date'of approval. •The Director may require additional conditions or modification to the •existing`conditions or cabinets as. part-of such review to protect the public health, safety and general welfare. 6.4 The Design Review approval shall remain valid for the term of the encroachment permit-or franchise agreement. If the permit or franchise agreement is extended or terminated, notice and evidence thereof shall be provided .to the Community Development Director. 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FINDINGS 9 The City Council of the City of Tustin finds and determines-as follows: 10 A. Currently there are no regulations and guidelines in place for the 11 installation of above ground cabinets within the City's right of way. 12 B. The adoption of permanent regulations and guidelines for above ground 13 cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. 14 15 C. Failure to implement above ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above 16 ground cabinets being installed without controls needed to protect the public health, safety and community aesthetics, 17 18 D. Traffic signal control cabinets are exempted since they are. different in nature and function. The traffic signal control cabinets by nature must be 19 located as such where traffic can be controlled at intersections. 20 E. The requirements and .restrictions imposed. by this Ordinance are 21 necessary to protect the health, safety and aesthetics of the City of Tustin as follows: 22 23 1. Desig n Review Approval. for installation of Above Ground Cabinets within the City's Right of Wim. The City's objective is to promote 24 safety, aesthetics and land use compatibility between above ground cabinets and neighboring .land uses. Above ground cabinets are 2s typically located in the public right of way and highly visible because of 26 their size and/or height, thereby potentially impacting the aesthetics of the community. Public safety could, be negatively impacted if the 27 cabinets are over concentrated in specific areas, or are close to 28 intersections thus impacting motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design Review 29 allows the city.to examine aesthetics issues by analyzing items such Ordinance No. 1213 Page 2 of 5 as height andr bulk of the cabinets, colors, visibility, screening and relationship to adjacent structures, and'design. 2. Screening Criteria and Guidelines. ' The City's objective is to promote 4 and protect an aesthetic_environment by requiring the use of subdued colors, non-reflective material and screening of the cabinet with ' landscape materials. 6 3. Site Selection Order of Preference: The City's objective is to promote 7 and protect.-an aesthetic environment by requiring that above ground s cabinet be located in areas that are the least obtrusive to the community. 9 4. Sign Restrictions. The City's objective is to promote aesthetics by 10 restricting sign clutter: 11 5. Size Criteria. The City's objective is to promote,aesthetics and safety. 12 Limiting the size of above,ground cabinets will reduce the visual impact 13 associated with traffic and pedestrian safety., 14 6. Remo*val Required for Abandoned=Cabinets. The City's objective is to promote and protect and aesthetic and safe environment by requiring 1' that cabinets be removed if they,are. not used fora period of ninety 16 days.. Abandoned cabinets that• are not promptly removed would contribute to the, blighting of the community-- and would present 17 potential safety hazards.related to vandalism and unauthorized use.-off 1s the abandoned cabinets. 19 E. That a public hearing was'duly-noticed, called and held on this Ordinance by.,the Planning Commission on March 8, 1999 and by the City Council on 20 April 5, and 19, 1999. r - 21 Section 2. - Parr 6 is hereby added to chapter 2 of Article 7 of the Tustin City 22 Code to read as follows: 2' PART 6 DESIGN REVIEW OF ABOVE GROUND CABINETS 24 7260 PURPOSE AND FINDINGS 25 , 26 The purpose of this.Part 6 is to maintain an aesthetically pleasing environment in the City's .public rights of way, including parkways and median islands, by 17 regulating the location, size, color and' other.,aspects,of above ground cabinets that exceed a certain size. Above ground cabinets have proliferated in the City's 28 rights of way in recent years. Such cabinets house a variety of uses: some 29 contain controls for traffic signals, others contain electronics and wiring for cable television and telecommunications;others contain power sources. Ordinance No. 1213 Page 3 of 5 I. • 2 The cabinets are. painted a variety colors, come in varying heights, and can be 3 noisy. Most cabinets are not screened. The result is visual clutter and increased noise along the City's right*of way. ' Reasonable regulatiohs,4 for .the height, d location, color and other characteristics of such cabinets are necessary -to. s promote the health and aesthetic welfare of the people of Tustin.- 6 7261 DESIGN REVIEW REQUIRED 7 Except for City traffic signal control cabinets, no person shall locate an above S ground cabinet which exceeds five (5) feet in height, three (3), feet in depth, and three (3) feet in width in dimension, exclusive of meter panels of pedestals, with 9 the• exception of City's traffic signal controller cabinets, without the Design Review or Minor Adjustment/Administrative Variance requirements of this Part 6. . 10 This design review applies to existing and future franchisees and any other 11 person who wishes to locate an above-ground cabinet in the public right of way. Design review approval is required before an encroachment permit may be 12 issued to permit installation of a cabinet. 13 7262 APPLICATION FOR DESIGN REVIEW I4 An applicant shall submit a master plan of th'e proposed location of all cabinets to 1' the Director,of Community Development (°Director"). Information 'shall also be 16 provided:as,•to the proposed color of the .cabinets, screening,. and noise level anticipated. ,The applicant shall pay a fee-to cover the anticipated staff time to 17 review and process the application. . 'g 7.263 DESIGN REVIEW PROCESS 19 Upon the application being found complete by the Director, or designee, the '-D- Director or designee shall review the-master plan using..the criteria set forth in the 21. Design Guidelines adopted by resolution of the City Council. If the plan complies with the Guidelines it shall be approved. The Director-may conditionally approve 22 or.deny the Plan. Amendments to a plan shall be reviewed and approved by the Director prior to issuance of an encroachment permit. Cabinets must be installed per the approved Plan. The noise from each cabinet shall comply with the City's 24 noise regulations. 25 Cabinets that exceed the maximum size specified within the Design Guidelines 26 by no more than 20 percent may be administratively approved by the..Community Development Director in� conjunction with a Master Plan/Design Review and 27 Minor Adjustment or Administrative Variance process in accordance with TCC Section 9299 if substantial evidence indicates that no other technologically 28 feasible alternative exists. 29 Ordinance No. 1213 Page 4 of 5 1 •7264 APPEALS 2 3 Appeals of the Director's decision may be taken and heard in accordance with. Section 9272f, Design Review Appeals, of the-Tustin City'Code. 4 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 than five (5) days after the 8 discontinuation of use. 9 (b) Cabinets that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be 10 in accordance with proper health and safety requirements. All affected area 11 shall be restored to its original condition at the operator expense. 12 (c) The Design Review approval shall be reviewed by the Director of Community 13 Development at the end of five (5) years from the date of approval. The Director may require additional conditions or modification to .the existing 14 conditions or cabinets as part of such review to protect the public health, safety and general welfare. 15 16 (d) The Design Review approval shall _ remain valid for the ,term of the encroachment permit or franchise agreement. If the permit or franchise 17 agreement is extended or terminated, notice and evidence thereof shall be 18 provided to the Community Development Director. Upon termination or expiration of the permit or franchise agreement, all cabinets shall be removed 19 from the City's public right-of-way. zo Section•3. _ SEVERABILITY. = 21 All'of the provision of this ordinance shall be construed together to accomplish 22 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 23 to the particular facts, or if a provision is declared-to be invalid or unconstitutional 24 as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. 25 26 27 28 29 _ n -j 1 Ordinance No. 1213 Page 5 of 5 PASSED AND ADOPTED by the City Council of the City of Tustin ,at a regular 2 meeting on the 5th day of April, 1999. 3 - t 4 Tom Saltarelli, Mayor 6 7 & Pamela Stoker City Clerk 9 10 STATE OF CALIFORNIA ) 12 COUNTY OF ORANGE ) 13 CITY OF TUSTIN ) 14 CERTIFICATION FOR ORDINANCE NO. 1213 1' PAMELA STOKER, City Clerk and ex-officio of the City Council of the City of 16 Tustin,-Califofnia, does hereby certify that the whole number of the members of the City. Council if five; that the above and foregoing ordinance No. 1213 was 17 duly and regularly introduced at--a regular meeting of the Tustin City Councila_Wd 1s on 5th day of April, 1999 and was given its second reading, passed and adopted at a regular meeting of the-City Council held on,the 191 of April, 1999 by the i9 following vote: 20 z1 COUNCILPERSONS AYES:- ' COUNCILPERSONS NOES: 22 COUNCILPERSONS ABSTAINED: 73 COUNCILPERSONS ABSENT: 24 25 26 Pamela Stoker, City Clerk 27 28 29 tf Planning Commission Minutes March 8, 1999 Page 5 X s Bobak, Deputy City Attorney, stated'she believed that the Commission is adopting A 's definition of closed, meaning doors are closed with no patrons on the premises. Larry S 'th, applicant, stated that, at the prior Commission meeting, he understood that patrons w Id be allowed to finish their meal which is not indicated in the resolution. Commissioner ontious indicated that she believed ABC's emphasis was on actual consumption of a hol. Karen Peterson indic d that Bill Wong of ABC stated that while the ABC does apply these conditions, there i ome flexibility in their enforcement and they recognize some time is needed to close an ish serving patrons: Larry Smith, applicant, stated t if ABC conditions state that closing is 11:00 p.m. and there are drinks on the table, he wi a cited. Commissioner Davert indicated that the urs should remain the same with the intent that there will be no new patrons after closing e. Lois Bobak indicated that it is important to ut an outside limit on" the hours and suggested that the Commission add a condition t t requires the doors be closed %2 hour or 45 minutes before the closing time or add a '2 our onto the closing time after the doors are closed. Commissibner Davert recommended that the Commission t a deadline of 30 minutes after the closing hours. Commissioner Kozak suggested language for Condition 2.4 indic g-no patrons on the premises 30 minutes after the closing time.- Resolution No. 3655 was changed as follows: Condition 2.4 addition of s ence to read: "No new patrons shall be admitted after the closing hours and patrons sh vacate the premises within thirty (30) minutes after closing time."- Commissioner Davert moved Commissioner Kozak seconded to adopt Reso ion No. 3655 approving Conditional Use Permit 98-029, as revised. Motion carried 4 PUBLIC HEARINGS: 3. Above Ground Cabinets Design Guidelines and Ordinance The purpose of these. guidelines is to regulate the placement and design of above ground cabinets in conjunction with any.City permitted use of"the public right-of-way. These guidelines are intended to reduce the potential for negative environmental Planning Commission Minutes March 8, 1999 Page 6 impacts of above ground cabinets on the community and to protect the health, . safety and/or welfare of the citizens of Tustin. Recommendation That the Planning Commission adopt Resolution No. 3652 recommending that the City Council approve the Above Ground Cabinet Design Guidelines and Ordinance No. 1213. The Public Hearing opened at 7:31 p.m. Justina Wilikom presented the subject report and described five changes made. to the resolution. Commissioner Kozak stated that the guidelines are a great idea and voiced his concerns regarding property owner notification; new boxes in residential communities; graffiti cleanup; allowable heights of cabinets; and, use of a master plan. Karen Peterson responded that staffs intent was to create guidelines to guide staff through any future master plans that might come forward. There are no master plans in house for review at this time. • Chairperson Pontious asked if the master plans.wou.ld come through the Commission at any time or just through the administrator. Karen Peterson replied that master plans would be processed through the Community Development Director through the design review process. . She continued to address Commissioner Kozak's comments as follows: the guidelines are intended to apply to new cabinets only; staff can look at establishing different heights for-different areas.-to be more sensitive to residential properties; staff can add a condition regarding graffiti removal and enforcement costs; and notices to adjacent homeowners could be a courtesy notice. Commissioner Kozak stated that if these facilities are allowed in the public right-of-way, at minimum, the property owner should have the opportunity for input. Reed Royalty, Pacific Bell consultant, asked the following questions: • Would the guidelines apply to the phone company? • Would the guidelines apply to the cabinet if less than the 3'x3'x5' standard? • Would the size restriction apply to the volume of the cabinet or, the individual dimensions? • Would the twenty-(20) percent variation apply to each dimension of the cabinet? • Are there any fees involved? • Would the guidelines apply only to cabinets in the public right-of-way or also to cabinets on private property? i Planning Commission Minutes March 8, 1999 Page 7 He. further noted that painting the cabinets would void the warranty and noted that the lightspan cabinets used by the phone company are slightly larger than the maximum but sane lots of little boxes and trenching through streets. Chairperson Pontious stated that perhaps testimony should be received and staff can respond and clarify issues. Commissioner Kozak inquired if the guidelines were an urgency matter. Karen Peterson replied that the guidelines are not an urgency matter. Mark Stucky, Cox Communications, noted that,the guidelines seem to apply to cabinets larger than 3x3x5 while the resolution seems to set a maximum size of 3x3x5 but does not address now installations are treated b_eiow that size and requested a continuance and workshop. Kim Barone, Southern California Edison, reiterated Cox's and Pacific Bell's comments and asked if the guidelines apply to utilities that are regulated by Public Utilities Commission (PUC) and supports the idea of a workshop. Chairperson Pontious stated that having some technical input at the workshop would be helpful and asked if there are any legal issues on the exclusion or inclusion of utilities under the PUC. Lois. Bobak, Deputy City Attorney,_ stated she is not aware of any legal issues Qn the exclusion or inclusion of utilities under the PUC but stated that she would be happy to look at any information the utilities can provide the City Attomey's office related to their belief of being exempt from design criteria for facilities located within a public right-of-way. Commissioner Davert stated his concern that+ the PUC may regulate cabinet size, appearance, dimensions, etc. Commissioner Kozak stated that perhaps the providers could .bring forth information related to their experience with other communities. John Higgins, Peppertree Homeowners Association, stated his concerns about Cox Communications installing boxes without permits in his front yard; 'suggested that the terms be decreased to one year for review; design review process, should include the association; adjacent property owner's input; and, liability issues. Commissioner Davert stated that he did not wish to have a public. hearing for every cabinet to be,installed. Planning Commission Minutes March 8, 1999 Page 8 Chairperson Pontious stated that she would'like to see the design guidelines apply to all sizes and volume as opposed to 3x3x5. Commissioner Davert stated that the guidelines presented tonight are a good starting point and more dialogue and technical.information would be helpful. Chairperson Pontious asked staff to meet with the people speaking at the meeting tonight. Commissioner Davert noted that the City Attorney recommended that the Commission have input too and suggested staff be given time to work with the issue and come back with a proposal: Commissioner Browne moved Commissioner Davert: seconded, to continue the hearing to a..date uncertain to allow staff the opportunity to meet with interested utilities. Motion carried 4-0. GULAR BUSINESS: STAF NCERNS: _ 4. Re ort ctions taken at the March 1 1999 CitV Council Meeting Karen Peterson, Actin enior Planner reported on the subject agenda. - - COMMISSION CONCERNS: Commissioner Davert - = Noted that a tent has been up r months in the driveway at 17531 Amaganset and asked code enforce m staff to investigate. Commissioner Kozak Noted that the fence is broken around the trash losure at Marcella's Pawn Shop in the EI'Camino Plaza and building maten are being stored there. Noted that the trash bin at .The Bam .restaurant is overflowin nd Js unsightly. ATTACHMENT B LETTERS DATED APRIL 22, 199% AND APRIL 23, 1999 ' t5 . 5 SOUTHERN CALIFORNIA Kim Barone Scherer E® 1ffSON Region Managcr Company April 22, 1999 Pubic Affairs �n r:vrsnr r,�rrh.srro�.tir_ Ms.Justina WiIlkom Associate PIanner Community Development BIock Grant City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Justina: On behalf of Southern California Edison(SCE), I would like to thank the City of Tustin for the opportunity to provide input on the proposed Above Ground Cabinet Guideline and Ordinance. Per our meeting with city staff on March 31,we understand that the City has concerns regarding the size, location and visual impacts regarding the placement of utility cabinets in the public right-of-way. Additionally, we.understand that large programs are a concern since they require the placement of many cabinets. Programs such as retrofits or rebuilds of systems, as well as new companies wishing to place these cabinets need guidelines. SCE wishes to maintain our positive relationship and partnership with the City of Tustin. Itis our desire to help the City accomplish its goals, and at the same time,continue to provide service to our customers within the community in the most efficient and timely manner. The proposed ordinance and resolution, as outlined, would be extremely restrictive on our current manufacture and safety requirements. Issues of beat dissipation for equipment,safety of the public and workers were not addressed in your proposal. As requested, we would like to offer our suggestions,and amendments to the proposals. We believe the current encroachment permit process would accomplish the review process the city staff needs. Companies wishing to • place above ground cabinets could submit them to the City for first time approval and/or a pre-approval for use. The franchised utilities,such as SCE,would prefer to have all of their cabinets pre-approved and on fle with the City. This would include all cabinets currently within your city jurisdiction and serving our mutual customers. We believe our existing cabinets could be pre-approved,or in the future any new cabinets meeting the same­size dimensions could be approved upon submittal to City staff. I have enclosed a copy of your proposed Above Ground Cabinet Guidelines with our continents and suggestions. Once again,we appreciate the positive working relationship between SCE and the City of Tustin. Thank you for the opportunity to meet with you and continent on this important matter. PIease feel free to contact me should you have any questions or require additional information. Sincerely, • Enclosure c: Tim Serlet,Director,Public Works Dept. Karen Peterson,Acting Senior Planner,Community Development Dept. Doug Anderson,Transportation Engineer,Public Works Dept. Larry Todd, Southern California Edison 1325 S.Grand Ave. Santa Ana,CA 92705 714-973-5548 Fax 714-973-5752 bamnek@sce.com Resolution 362 Exhibit A Page 1 Above Ground Cabinet Guidelines SECTION I: Purpose and Intent 1.1 ' The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public.right-of-way and implement ^Fdk�.- ee 12 9, for pre-approval or Design Review of above ground cabinets. These guidelines are intended to reduce the potential for negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. SECTION 2: Location 2.1 When locating above ground cabinets, the following must be considered in order of preference: A. Where possible, cabinets located in close proximity to prominent or sensitive locations should be installed underground. B. Where possible, cabinets should be located in adjacent to non- residential properties; or, ' C. Where possible, cabinets should be located adjacent to sides or • rear yards of residential properties, preferably on major streets; or. D. Cabinets located I parkway areas should be located as far as possible from the curb line and matching other cabinets placements in an area which gives the best opportunity for-�- screening. If necessary, the installing entity shall relocate the sidewalk and transition to match the existing sidewalk. , (Comment: SCE requests clarification regarding this,item. Current standards for all utility cabinets are one foot from'the face of the curb, consistent in alignment with other public facilities, including fire hydrants, street lights and traffic control boxes.) 2.2 Cabinets shall be located to satisfy line of sight requirements at any intersections and driveways. 2.3 Where on-street parking is not restricted adjacent to the proposed cabinet, the cabinet shalnot hinder opening of vehicular doors, where possible. 2.4• Disabled access along public sidewalks shall be maintained adjacent to all service cabinets (i.e. minimum of 4 .to 4.5 feet clear sidewalk)- Resolution 3652 Exhibit A Page 2 2.5 Cabinets shall not interfere with any existing or proposed improvement projects. SECTION 3: Size (Comment: SCE suggests elimination of this section.- Cabinet size is determined by manufacturer requirements, temperature and safety considerations for workers. For specifications please reference SCE Underground Structures Book provided with this response.) 3.1 Except as provided in Tustin City Code Section 7263, no cabinets shall exceed five (5) feet in height, three (3) feet in depth, and three (3) feet in width, exclusive of meter panels of pedestals, with the exception of traffic signal control cabinets. 3.2. Cabinets that exceed the maximum size specified within the Design Guidelines by no more than 20 percent may be administratively approved by the G,r,-„-,,,,..ity Dey- lepment D Administrator in conjunction with a Master Plan/Design Review and Minor Adjus' nent or Administrative Variance process in accordance with TCC Section 9299 if substantial evidence indicates that no other technologically feasible alternative exists. SECTION 4: Screening (Comment: SCE does not provide screening on customer owned facilit-ies. It is the customer's responsibility to meet all requirements and to maintain the screen. SCE recommends only drought tolerant Iandscaping be placed around electric facilities. Extensive watering and sprinkler systems can be hazardous to electric facilities.),.. 4.1 Cabinets shall be enclosed and screened to match or complement existiL-1c, fencing, screening, other utility cabinets (if present) and/or landscaping. The,use of matching paint, texturing, faux finishing, and actual matching building and landscaping materials shall be:used, where the manufacturer can accommodate with.safety and temperature considerations. 4.2 Cabinets shall be constructed and treated with appropriate materials which discourage or repel graffiti, or as approved by the Director of Public Works. Resolution 3652 .' Exhibit A Page 3 4.3 Any removal of landscaping to install the above ground cabinet shall be replaced withlandscaping materials.similar in number and typetee as ,— appr-eved by the ^ 4.4 The use of crash post is discouraged. However, if shown as necessary, the exterior finish of crash post should be given a screening treatment which matches of complements the screening for the structure. 4.5 All access openings shall be placed to face away from street frontages; except traffic signal control cabinets. (Comment: Cabinet openings must have an eight foot clearance for high voltage facilities and a 3'x3' clear working space on low voltage facilities.) 4.6 Cabinets shall include the phone number for a responsible person at the communication company. Said signage shall be oriented away from the street frontage. The size of this information should be a maximum of five (5) percent of the.cabinet facade_ (Comment: SCE does not place a phone number and contact name on its facilities. All SCE facilities are clearly marked with standard reflective structure numbers. Emergency telephone • numbers are given to government and emergency personnel on a regular basis. 4.7 All screening devices shall be installed and maintained by the communication company subject to inspection by City staff. 4.8 The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). SECTION 5: Noise Standard 5.1 The noise emanating from the above ground cabinets shall meet the City's adopted Noise standards. SECTION 6: Abandonment 6.1 An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shallnotify_the City of TustinH1 !a—ter— than fire rte' days after the discontinuation of use. f r Resolution 3652 Exhibit A Page 4 6.2 Cabinets that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. All affected area shall be restored to its original condition at the operator expense. (Comment Current standard requirements provide for the removal of electric facilities if no future service is planned from that particular cabinet.) 6.3 T1. iPza te the a }3ubl s he z 1 t if . � a 6.4 The Design Review approval shall remain valid for the term of the encroachment permit or franchise agreement. If the permit or franchise agreement is extended or terminated, notice and evidence thereof shall be provided to the Community iity Development Dir-oete -Administrator. Upon termination or expiration of the permit or franchise agreement, all cabinets shall be removed from the City's public right-of-way.' ]be E.Stratman,Jr. 17310 Red Hill Avenue. b;;Ie 270 PACEFIC�i�BELL® rector Irvine,California 92614 -ternal Affairs (949) 440-6638 Office ((949) 250-0515 Fax April 23, 1999 OR 6 Ms.Justina Willkom Associate Planner City of Tustin 300 Centennial Way Tustin,CA 92780 Dear Ms.Willkom: I would like to thank both you and the City of Tustin on behalf of Pacific Bell for giving us the opportunity to discuss issues surrounding above ground cabinets. Pacific Bell understands that when placing above ground cabinets,issues such as size,location,and aesthetics are each important.We also understand that the placement of large numbers of cabinets in a small geographical area is a concern to both the city and its citizenry. As both concerned business partners and corporate citizens of the City of Tustin,the opportunity allowed to assist staff in accomplishing their goal of a uniform set o£above ground cabinet guidelines is an serious one. By doing so, it assists Pacific Bell in accomplishing its objectives, which are to provide the best telecommunication service quality available to your valued residents. It was stressed by the Utility Representatives that attended both the Planning Commission meeting, and the Utility/City meeting, that should the Ordinance and the Resolution as outlined pass, it would be too restrictive on current manufacture and safety requirements. As a result,during the meeting of March 31,the suggestion was made that the ordinance submitted by the City of Tustin be altered to reflect the changes and suggestions needed by the utilities that utilize the above ground cabinets. One avenue would be to change- the ordinance into a policy document.By.doing so, the new policy could be made available at the time of permitting. Additionally,pre-approving and fling all above ground cabinet specifications into a notebook, with only special cabinets needing individual approval, would expedite the approval process,'allowing utilities the ability to provide the City of Tustin with the best service possible. Thank you for your assistance and continued support with this matter. As a franchise utility,we do not feel that an ordinance is needed and appropriate to accomplish the City's goal. Please feel free to contact me should you have any concerns. Sincerely, ohn E. Stxatman,Jr. , Director,External Affairs Attachment cc: Tim Seflet;Director,Public Works/City Engineer 0 Karea:Pet�rson,.-Ac ��ri'ng C'`uyPIanIIerr - - Doug Anderson,Transportation Engineer :7 Resolution 3652 Exhibit A Page 1 Above Ground Cabinet Guidelines SECTION 1.: Purpose and Intent 1.1 The purpose of these guidelines is to regulate the placement and design of above ground cabinets in conjunction with any City permitted use of the public right-•of-ways , and to prbvide for--€e-r--pre-approval or dDesign :Review of above ground cabinets. These guidelines are intended to reduce potential feT--negative environmental impacts of above ground cabinets on the community and to protect the health, safety and/or welfare of the citizens of Tustin. SECTION 2: Location 2.1 When locating above ground cabinets, the following musti be considered in.order of preference: A. Whenever possible-[technically_feasible}, cabinets located in close proximity to prominent or sensitive locations should be installed underground. B. Whenever possible [technically feasible], cabinets should be located • adjacent to non-residential properties; or, C. Whenever possible, cabinets should be located adjacent to side or rear yards of residential properties, jpreferably on major streets—= se crate section); or. i wCabinets located in parkway areas should be located as far as possible from the curb line and matching other cabinets., -and in an area which gives the best opportunity for screening. If _ necessary, the installing entity shall relocate the sidewalk•and transition to match the existing sidewalk-. (Comment: Pacific Bell requests clarification regarding this item. Current standards for all utility cabinets are one foot from the face of the curb, consistent in alignment with other public facilities, including fire hydrants, street lights and traffic control boxes.) 2.2 Cabinets shall be located in such a way as to satisfy line of sight requirements at any intersections and driveways. 2.3 Where on-street parking is not restricted-adjacent to the proposed cabinet, the cabinet shall not hinder opening-of vehicular doors, whenever possible. I Resolution 36524 Exhibit A + Page 2 2.4 Disabled access along public.sidewalks shall be maintained adjacent to r • all service cabinets (i.e. minimum o£4 -to,4.5 feet clear sidewalk). I 2.5 Cabinets shall not interfere with any existing or proposed-improvement projects. .., SECTION 3: Size (Comment: Pacific Berl-suggests elimination of this section: Cabinet size is determined by manufacturer requirements, temperature and ' safety considerations for workers.) - 3.1 Except as provided in Tustin City Code Section 7263, no cabinets.shall _ exceed five (5) feet in height, three (3) feet in depth, and three'(3).feet in width, exclusive of meter panels of pedestals, with the exception of traffic signal control cabinets'. G-ai eli es br Eae .-r en- t: r6;4 09 p e.�.t .,•, *+e a miaistrntiarc�t. nr�r.�.ryed L l.{iii LlliiLV i./�Z7lf-11iViZ.. i11Li11 r�[..�y • ..Aw4th a Master- Plan dmiWstrater a substantial avid en'e-' Eames- hat Fre-e0ier- teEha9le gi&ally fedsi er' aYterrtiAtiye exists. SECTION 4:: Screening _ (Comment: Pacific Bell does not provide screening on customer owned facilities. It is the customer's responsibility to meet all'requirements and to maintain the screen:: Pacific Bell recommends'only drought ' tolerant-landscaping be placed around electric facilities. Extensive watering and'sprinkler systems can be hazardous to facilities.) Cabinets shall be enclosed and screened to match or complement existing fencing, screening, other utility cabinets (if present) :and/or landscaping. The use of matching paint, texturing, fauxfinishirig, and actual matching building and landscaping materials shall be used, provided that such materials are consistent with manufacturer. safety-and temperature requirements. . : Resolution 3652 Exhibit A Page 3 4.2. . Cabinets shall be constructed and treated with appropriate materials which discourage or repel'graffiti, or as approved by the Director of ' Public Works. 4.3. Any removal of landscaping to install the above ground cabinet shall.be replaced with landscaping materials similar in number and type—, &me-ate 4-4 ,' The use of crash post is discouraged. However, if shown as necessary, the exterior finish of crash post should be given a screening treatment which matches or complements the screening for the structure. 4.5- All access openings shall �� pplae to face`away from street frontages, - except traffic signal control cabinets._(Pacifc Bell has cabinets that open from the front.and.the.back.)_ (Comment. Cabinet openings must have an eight foot clearance for high voltage facilities and a 3-x3'clearcorking space on tow voltage facilities.) . igRage shall beeii@34ed away4eni�� • a 4.6 _ (Comment-r -Pacific Bell does not p lace a phone nu mber^and contact naive on its facilities. All Pacific Bell facilities are-clearly marked with standard reflective structure numbers. Emergency telephone numbers are given to government and emergency personnel on a regular basis. 4.7 All screening devices shall be-installed and maintained by the communication company subject .to inspection by City.staff.- 4.8 ' The above ground cabinet shall not bear any signs of'advertising devices (other than certification, warning or other required seals or signage). SECTION 5: Noise Standard 5.1 The noise emanating from the above.ground cabinets shall-meet the City's adopted Noise standards. SECTION 6: Abandonment Resoiution'3652 Exhibit A Page 4 , 6.1 An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than a rR30) five (5) after the discontinuation of use. 6.2 ' Cabinets that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety . requirements: All affected area shall be restored to its original condition at the operator expense. (Comment: Current standard requirements provide for the removal of electric facilities if no future service is planned from that particular cabinet.) 6.3 -The ]Design Review appreva4 shall be r-e�,4ewed by the Pireetwr- ef pulmo--heal} etyd-gen . 6.4 The Design Review approval shall remain valid for the term of the encroachment permit or franchise.agreement. If the permit or franchise agreement is extended or terminated, notice and evidence thereof shall be provided to the,Ge -rEnic ��y Deve epme3 t ri�ro6+o A�inistrator.' v alum.-la Al4 L/V Y V3 Upon termination or expiration of the permit or franchise agreement, all cabinets shall be removed from the City's public right-of-way. Pacific .. Bell as you may know does not have or need City franchise agreements because of our state franchise agreement. The term of an encroachment permit is indefinite) E. MediaOne :-� 550 N.Continental Blvd Suite 150 �; Phone 310 647.3000 El Segundo.CA 90145 April 23, 1999 - Wdiawne Thu b Sroad6and.Thu is the way. Ms. Leslie Pontius, Chair - City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 RE: Above Ground Cabinets Design Guidelines and Oridnance Dear Commissioner Pontius: Thank you for the opportunity to comment.on the proposed city ordinance regarding Above Ground Cabinets Design Guidelines. MediaOne shares the city's concem regarding the potential impact for the safety and welfare for the residents of Tustin. We also understand the City's concern regarding the maintaining of the aesthetic quality of the public rights-of-way. As part of MediaOne's rebuild efforts to upgrade its systems throughout the United States, MediaOne has worked closely with other cities and communities regarding this very same issue. Although the concerns for each city may be different, the issue is basically the same. As a result of MediaOne's experience with other communities; MediaOne fully appreciates the City's desire to maintain a set of guidelines or procedures that allow the city to control the right-of-way, yet is fair to companies who have federal or state rights to access the public's right-of-way. MediaOne agrees with the position that was expressed by the utility and. telecommunication companies that participated in the March 31, 1999 Workshop conducted by the City's Community Development Department. MediaOne supports a policy that would allow staff to adopt reasonable guidelines that allow for non- discriminatory access to the public right-of-way. A policy that is controlled by City staff to immediately address a specific situation would allow for changes in technology and deployment to be taken into consideration. As was suggested at the Workshop, these guidelines or policy could include a list of pre- approved cabinets based on size and technical needs that a new entrant could choose from. Given the diversity of companies that require access to the public right-of-way, several lists could be adopted for each type of utility or telecommunications company. A list of pre-approved screening options could also be part of the policy that would allow companies to choose which option best applies to a specific situation. • Commissioner Leslie Pontius,Chair April 23, 1999 j Page 2 ! - I As was expressed by the other industry participants at the Workshop, MediaOne is 'concerned that an ordinance that is enacted may not be able to address every situation that arises for imp lementing'mitigation needs that are fair to all entrants into the public right-of-way. As was further stated in the meeting,the City may be headed down a "slippery slope"of unintended and unforeseen consequences that result in trying to catch all situations under one,ordinance. Technical andlegal issues in this arena are very complicated and may not ft nicely into'a single ordinance.that is fair to all. The technology for'utility and telecommunications deployment is rapidly changing and they well intentioned attempt"to control today's issues maybe not apply to tomorrow's needs. , MediaOne looks forward to continuing to work with the City of Tustin staff regarding this important issue and MediaOne appreciates the time and effort that city staff has already,spent on dealing with this very complicated issue. Thank you'again for the opportunity to comment and if you have any questions ori need additional information please do not hesitate to-call me at(310) 647-6682. Sincerely, Stephen D. Sawyer Director, Infrastructure Affairs Cc: Ms. Karen Peterson,Acting Senior Planner, City of Tustin , Ms: Justina Willkom,Associate Planner, City of Tustin Ms. Suzanne E. Curtis, Corporate Counsel,MediaOne ATTACHMENT C SUGGESTED ADDITIONSIDELETIONS BY UTILITY PROVIDERS COMMENTS;RECEIVED JUNE 79 1999 ABOVE GROUND CABINET DESIGN GUIDELINES SECTION 1: PURPOSE AND INTENT The purpose of these guidelines is to ' regulate the placement and- design of above ground cabinets in conjunction with any City permitted use of the public right- of-way. These guidelines are intended to 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 Z: APPLICABILITY Installation of new and replacement above ground cabinets in the public right-of-way, except those exempted as byOree-1?13, afe•regulated by these guidelines. SECTION 3: PROCESS a. Installation of repIacement cabinets may be approved in conjunction with issuance of an Encroachment Permit provided either: The replacement cabinet is substantially the 'same size or smaller than, as determined by the Public Works Department, _ gm__m_tu3if ,,ee opmenbirecfor the existing cabinet; or, a Specifications for the replacement r a " cabinet have been accepted by the rks and Com City's Public Works Development Departments, as "Exempt" from these guidelines.. Utility providers may submit specifications for cabinets that may be used to.replace existing.cabinets for review and approval by the Community Development and Public Works Departments. Upon _ acceptance, the specifications will be listed in the City's "Exempt Above Ground Cabinets". . - b. Installation of a replacement cabinet that is substantially =-,2-M/9, larger than the existing cabinet, , requires Design Review prior to issuance of an Encroachment Permit. c. Installation of new cabinets requires Design Review prior... to issuance of an that are of re`a rove'dnb� cc e Encroachment Permit, tam oiks e art%nent. - - '- ATTACHMNT C SOUTHERN CALIFORNIA EDISOMPACIFIC BELL ADDITIONS/DELETIONS Above Ground Cabinet Design Guidelines Page 2 , SECTION 4: DESIGN REVIEW GUIDELINES fellewift-� Section 4.1 Location f 17 Whenever feasible, cabinets should be installed underground. Uit i, not teel .eleg eall : ' a F g uRdenff iflStaH&fiaFr. 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. 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. Consideration shall be given to the number of existing cabinets within a particular area and over concentration of cabinets shall be avoided. Over concentration is defined as more than one (1) cabinet installed adjacent to, one property. If a sufficient distance separation is not technologically feasible: 1. Cabinets shall be located as close as possible to existing cabinets; and, b an sties d. Cabinets located in parkway areas should be Iocated as far as possible from the curb line to provide the best opportunity for screening. e. Cabinets shall not: 1. Obstruct line of sight requirements at intersections or driveways. 2. Obstruct or hinder_Anpnmab fire�hydr`ants,�street�lights;wmail boxes;traffic contrblVsignals. u 3. Obstruct disabled access along public sidewalks to the extent that a minimum of four(4) feet clear sidewalk would not be maintained. Above Ground Cabinet Design Guidelines Page 3 • 4. Interfere with any existing or proposed improvement projects. Section 4.2 Size a. The height of cabinets may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas adjacent to the front, side, or rear yards of residential M7-1properties tinlun ess pre=a r M - i U oyed�3�y :fheEulilic .;orks�Departmentor utility use. b. The size of cabinets located in non-residential areas will be considered.on a case-by-case basis,unl sse ze aPnLeveed. Section 4.3 Screening r 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, unless nre ipio�ed lW eT--d lic . o e�artmen#: 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 APPROVAL a. Noise emanating from an above ground cabinet shall not exceed the City's adopted Noise Ordinance standards: ; 'c late a signage a . Jti1l compare.p sli ave=cali3nets ey,name contact and el`�'Ydliri niii`�ber•on1a wifh_the ub c Wer s?D as 4m nY C. The above ground cabinet shall not bear any signs of advertising devices (other than certification, warning or other required seals or signage). d. erg=fe'asa`t lei* cabinets shall be constructed or treated with appropriate materials which discourage or repel graffiti and the utility provider shall be responsible for removing graffiti from cabinets within 48 hours. Utility providers shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. C. Any removal of landscaping necessary to install the above ound cabinet shall be P g �1' � replaced with landscaping materials similar in number, type, and size as appFe:ved by 4k�, Above Ground Cabinet Design Guidelines Page 4 f. The utility provider or cabinet instalIing'entity shall be responsible for reconstruction of in-kind facilities within the public right-of-way that are damaged or modified during installation of cabinets. g. Cabinets that are no Ionger 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. h. The Design Review approval shall be reviewed by the Director of Community Development at the end of five (S) years from the date of approval. The Director may require additional conditions or modifications to the cabinets as part of such review to protect the public health, safety and general welfare. i. If the permit or franchise agreement is extended or terminated, notice and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the permit or franchise agreement or if use of cabinets are discontinued, all cabinets shall be removed from the City's public right-of-way. j. Prion to installation on.-private;pro Erty, the utility provider shall notify the property owner of pending coristidetiaii 96A£& e-,-16G-at'"sivr -and size cr^c viirec$-+mut'r`riii be hastalled prior to the;-start rof construction and the estimated start and ending dates of construction. Jusdnakurrent planningkabinetguideiines5-99-TMsed2.doe w ATTACHMENT D SUGGESTED ADDITIONS/DELETIONS BY UTILITY PROVIDERS COMMENTS RECEIVED AUGUST 9, 1999 SOUTHERN CALIFORNIA Kim Barone Scherer EDISON • � 12cQion PvIanagcr ~� Public, Affairs An EDISON f.TGR.VATlO.VAL—ComFak% August 9, 1999 - � cU Mr. Bill Huston, City Manager A,UG l 0 City of Tustin 300 Centennial l av L Va 0:vE Tustin. CA 92780 Dear Mr. Huston: Once again, on behalf of Southern California Edison (SCE), thank you for meeting with • us to discuss our concerns regarding the proposed Above Ground Cabinets Design Guidelines and Ordinance. We also appreciate the willingness of your staff,particularly Elizabeth Binsack and Tim Serlet, to work with us on this important issue. Per your request, this letter will serve as our comments regarding the latest draft proposal. As discussed in our meeting,we continue to seek an exemption for current and new cabinets from the proposed ordinance unless Southern California Edison needs to place a cabinet which'is significantly larger or different than those currently used. We believe we have provided sufficient examples from other cities granting exemptions on similar ordinances. As you know, SCE already complies with existing City Encroachment permit processes. SCE would like to provide City staff with a list and description o£ current use cabinets for pre-approval and exemption from the ordinance requirements. Further,we continue to have concerns regarding some of the proposed guidelines: Section 4.1 a- Southern California Edison is responsible for making a decision regarding an above ground cabinet versus underground vault. The liability is also ours should there be a problem. The decision is based on operational and safety requirements. SCE requests exemption from the individual written notification mandate. Section 4.1 c- appears to preclude joint trenching projects where more than one utility shares a trench since"over concentration is defined as one cabinet installed adjacent to the same side of a property." Section 4.1 c2 also appears to be unnecessary where joint trenching is the approved best practices approach. We have previously submitted comments regarding our concerns with the graffiti removal notice, screening criteria, and adjacent property owner notification guidelines. I325 S.Grand Ave. • Santa Ana,CA 92705 714-973.5545 Fax 714.973-5752 baronckCsce.com We believe that we have an excellent working relationship with the City of Tustin and it" is our desire and commitment to continue to strive for this goal relating to all aspects of our operations and services to the City and.the community at large. It is always SCE's goal to be responsive to the needs and desires of the City whenever possible. We understand your desire to keep the community aesthetically beautiful and safe. SCE wishes to continue to be a part of the solution rather than the problem. We believe thai an exemption from this proposed ordinance will not cause further negative results, since we will continue to guarantee our work and compliance with the city encroachment permit process per our franchise agreement with the City of Tustin. Enclosed is our suzeested amendments to the proposed resolution, ordinance and guidelines. If you have any questions regarding this, or any other related matter, please contact me at (7,14) 973-5548. Once again, thank you for the opportunity to meet with you and discuss our concerns regarding this important matter. Sincerely, Kim Barone Scherer Region Manager Enclosure' cc: Elizabeth Binsack, Director of Community Development Tim Serlet,Director of Public Works Karen Peterson, Senior Planner Larry Todd, Southern California Edison RESOLUTION NO. 3662 ` A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY • OF TUSTIN, CALIFORNIA RECOMMENDING THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. 1213, RELATED TO DESIGN GUIDELINES FOR ABOVE GROUND CABINETS WITHIN THE PUBLIC RIGHT OF WAY. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That cable television companies servicing the City are expanding their services by adding high-speed digital telephone and data transmission (Internet) services. That the upgrading will require- installation equire_installation of additional equipment such as above ground cabinets within 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 cable television and Internet services upgrade installations. 11. In approving the Above Ground Cabinet Design. Guidelines, the Planning Commission finds and determines: A. That the guidelines provide standards that mitigate impacts typically associated with installation of new utility cabinets within.the public right-of-way including measures to reduce the visual impact of above ground cabinets. B. That the guidelines require approval of a Master Plan/Design Review process,which would ensure that new cabinets are developed in an orderly manner with. respect to location, size, and screening. Resolution 3632 Exhibit A Paae h= C. PubFic utility cabiriefs that serve t ie communit c' . ay and=That traffic signal control dabinets should w be exempted from the -guidelines since they are different in nature and function in that they provide for public safety and must'be located in' close proximity to traffic control devices. D. That_the Director of Community Development should be authorized to approve,-approve with conditions or deny the Master Plan Design Review application. Ill. The Planning. Commission hereby adopts the Above Ground Cabinet Design Guidelines to be followed when considering,a Master Plan Design Review application for the installation of above ground cabinets within the public right-of-way, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the '[4'' day of June, 1999.- LESLIE 1999.LESLIE PONTIOUS Chairman 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 Secretary of the Planning Commission of the Clty 'of Tustin; California; that Resolution No. 3652 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 1 4'' day of.lune, 1999. ELIZABETH A. BINSACK Planning Commission Secretary - - ` ORDINANCE NO. 9213 AN ORDINANCE OF THE -CITY COUNCIL OF THE CiTY OF TUSTIN, ADOPTING REGULATIONS FOR ABOVE GROUND CABINETS kTHIN THE CITY'S RIGHT OF WAY. The City Council of the City of Tustin does hereby ordains as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows: A. Currently there are. no regulations and.- guidelines in . place for the installation of above ground cabinets within the City's right of way. B. The adoption of permanent regulations and guidelines for above ground cabinets within the public right of way will serve to reduce the potential for negative impacts on the community. C. Failure- to- implement above, ground cabinets regulations through the adoption of this ordinance will result in a substantial number of above ground cabinets being installed without controls needed to protect the public health, safety and community aesthetics. D exemcsignal ted since they/ are rote aad:"ui tilityhcabiriets:psenets d today are ,�. _ :� p �.9 in nature and function. The traffic signal control cabinets by nature must be located where traffic can be controlled' at intersections. and public utilities comply with the_ci encroachment permit process; E. The requirements and restrictions imposed by _ this Ordinance . are necessary to protect the health, safety and aesthetics of the City of Tustin as follows: 9. Desi In Review Approval for installation of Above Ground Cabinets within the City's Right of Way. The City's objective is to promote safety, aesthetics and land use compatibility between above ground cabinets and neighboring land uses. Above ground cabinets are typically located in the public right of way and highly visible because of their size and/or height, thereby potentially impacting the aesthetics of the community. Public safety could be"negatively impacted if the cabinets are over concentrated in specific areas, or are close to • Ordinance No. 1213 - Page 24 of.5 _ intersections thus impacting,motorist visibility, or adjacent to sensitive residential or institutional uses. The requirements of a Design Review, allows the city to examine aesthetics issues by analyzing items such as height- and bulk of: the cabinets, colors,'visibility,, screening 'and relationship to adjacent structures, and,design: 2. Screenina Criteria and Guidelines. The City's objective is to promote and protect an aesthetic environment by requiring the use of subdued colors, nob-reflective material and screening of the cabinet with landscape materials. 3. Site Selection Order of Preference The City's objective is to promote and protect an aesthetic environment by'requiring that-above ground cabinet be located in areas that' are the least obtrusive to the community. : 4. Sian Restrictions,,- The City's, objective is to promote aesthetics by restricting sign clutter_ 5. Size Criteria: The City's objective is to promote aesthetics and safety. Reviewing LifRitiRg the size of above ground cabinets will 'reduce the visual,impact associated with traffic and pedestrian safety.'' 6. Removal Reauired for Abandoned Cabinets, The City's objective is to promote and protect an aesthetic and safe environment by requiring cabinets be removed within ninety (90) days if they are not to be- used. Abandoned cabinets that are not promptl'y removed would contribute to the. blighting of the community and would present potential, safety hazards related to vandalism and unauthorized use of the abandoned cabinets.- E.- - That a public hearing.was duly noticed, called and held ori this Ordinance by the Planning Commission on June 14'. 1999.'- Section 999.Section 2. Part 6 is-hereby added to chapter 2 of Article 7 oftlle Tustin City Code to read as follows: PART,-6,- E- DESIGN REVIEW OF ABOVE GROUND CABINETS 7260 PURPOSE AND FINDINGS The purpose of this Part_ 6 is to maintain an aesthetically pleasing environment in the City's rights of way, including parkways and median islands, by regulating the I Ordinance No. 1213 Pape?.6 of 5 location, size, color and other aspects of above ground cabinets 'that ^"^^ GeFtnaiR Aboveground. cabinets have proliferated in the City's rights of way in recent years. Such cabinets house a variety of uses: some contain controls for traffic signals, others contain 'electronics and wiring for cable television and telecommunications; others contain power sources. The cabinets are painted a variety colors, come in varying heights, and can be noisy. Most cabinets are not screened. The result is visual clutter and increased noise along the City's right- of way. • Reasonable 'regulations for the height, location, color and other characteristics of such cabinets are necessary to promote the health and aesthetic welfare of the people of Tustin. 7261 DESIGN REVIEW REQUIRED Except for City traffic signal control Cabinets and public utility cabinets which are substantialiv the same size as exist today,. v, no person n shall locate a new above ground cabinet without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6.-. This Design Review applies to existing and future franchisees and any other person who wishes to locate replacement or new above-ground. cabinet in the public right of way. The installation of replacement cabinets or new cabinets shall comply with the Above Ground Cabinet Design Guidelines described in Section 7263. . Design review approval is required concurrent with.or before an encroachment permit may be • issued to permit installation of a cabinet. - 7262 - APPLICATION FOR-DESIGN REVIEW An applicant shall submit a plan of the proposed location of all cabinets to the Director of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors of the' cabinets, screening; and noise levels anticipated. - The applicant shall pay a fee to cover the anticipated staff time to review and process the application:_ An exem tion to this provision are listed above in Section 7261 7263 DESIGN REVIEW PROCESS Upon the application being found complete by the Director, or designee, the Director or designee shall review*the plan (the "Pian") using the criteria set forth Y in the Above Ground Cabinet Design Guidelines adopted by resolution of the City Council. The Director may conditionally approve or deny the Plan. Amendments to a Plan shall be reviewed and approved by the Director concurrent with or prior to issuance of an encroachment permit. Cabinets must Ordinance No. 1213. Pace ag of 5 1 be installed per the approved Plan: The noise from each cabinet shall comply with the City's noise regulations. Cabinets that exceed the maximum size. specified in Section 7263 may be administratively approved by the Director in compliance with the Design Review or Minor Adjustment/Administrative Variance process (in Tustin City Code Section 9272) if substantial evidence indicates that no other technologically feasible alternative exists. Ordinance No. 1213 Page�,6 of 5 7264 APPEALS Appeals of the Directors decisions may be taken and heard in accordance with Section 9272(f), Design Review Appeals, of the Tustin City Code. 7265 TERM/ABANDONMENT (a) An above ground cabinet is considered abandoned if it no longer provides service. If the use of the cabinet is discontinued for any reason, the operator shall notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. (b) Cabinets that are no longer being used shall,be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. All affected areas shall be restored to their- original condition at the cabinet-owner's expense. (c) The Design Review approval shall remain valid for the term of the franchise agreement or as long as the encroachment permit is valid. If the franchise agreement-or encroachment permit is terminated, notice and evidence thereof shall be provided to the Director. Upon termination or expiration of the franchise agreement or encroachment permit (note — • covered in (b) above) all cabinets shall be removed from the City's right- of-way. ight- of way. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall_apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the day of , 1999. Tracy Wills Worley, Mayor Pamela Stoker Ordinance No. 1213 Page_�6 of 5 City Clerk STATE OF CALIFORNIA ) ~ COUNTY OF ORANGE )> CITY OF TUSTIN } CERTIFICATION FOR ORDINANCE NO. 1213 PAMELA STOKER, City Clerk and ex-officio of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council if five; that the above and foregoing ordinance No. 1213 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on day.of 1999 and was given its second reading, passed and adopted at a regular meeting of the City Council held*on the of , 1999 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: . . - Pamela Stoker, City Clerk • ABOVE GROUND CABINET DESIGN GUIDELINES SECTION 1: PURPOSE 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 intendtd 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 , i New or Replacement Cabinets that are the Same Size as Existing Cabinets a. Installation of_ pA'cabinets may be approved in conjunction with issuance of an i Encroachment Permit provided the F- _ cab inct 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 the each the following requirements 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. New or Replacement Cabinets that Cannot Comply with Requirements for Concurrent Encroachment Permit/Design Review[Section 3(b)] Above Ground Cabinet Design Guidelines Page?4 C. Installation of replacement cabinets that are Iarger 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. d. 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. SECTION 4: DESIGN REVIEW CRITERU Location, size, and screening of proposed cabinets will be considered by the Community Development Department in accordance with the following criteria: Section 4.1 Location _ a. Whenever feasible, cabinets should be installed underground. If it is not technologically feasible to install a cabinet underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or infeasibility of underground installation. - �_- - -, - b. When underground installation is not feasible, the following order.of preference shall be considered for above ground installation of cabinets of any size: Cabinets should be located adjacent to noxi-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. 3. ,. -..Cabinets should be located as closely as'possible to the, shaxed-property line between the front yards of residential properties where no sight distance from driveways would be obstructed. c. Consideration shall be given to the number of existing cabinets within a particular area and overconcentration of cabinets shall be avoided. Overconcentration is defined as more than, one (1) cabinet installed. adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible:' 1. Cabinets shall be located as far as possible from existing cabinets; and,' Above Ground Cabinet Design Guidelines 1 Page 14 2. The cabinet owner/installer shall submit a letter of explanation regarding the hardship associated with or infeasiblity 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. ?. 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. �. 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: throu=h the Encroachment Permit process. 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. 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 S: STANDARD CONDITIONS OF DESIGN REVIEW APPROVAL a. Noise emanating from an above ground cabinet shall not exceed the City's adopted Noise Ordinance standards. Above'Ground Cabinet Design Guidelines Page 44 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. Or have on file with the Encroachment Permit filed with the Public Works Department, 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 materials which discourage or repel graffiti and the cabinet owner shall be responsible for removing graffiti from cabinets within 43 hours. Cabinet 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 above ground cabinet shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and Public Works. £ The utility provider'or cabinet installing entity shall be responsible for reconstruction of in-kind facilities within the City's right-of-way that are damaged or modified during installation of cabinets. Cr. .In accordance with Section 9265 of the Tustin City Code, an above ground cabinet is considered abandoned if it' no'loriger 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 planned use. Such removai 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 oras Iong as the Encroachment Permit is valid. If the franchise agreement or Encroachment Permit is terminated,_ notice' and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the franchise agreement or encroachment permit, all cabinets shall be removed from the City's right-of-way. j. Prior to installation, the utility provider shall provide notification to adjacent.property owners i �he Farli •. of cabinets that will be installed and the estimated start and ending dates of construction. x E.Stralmae,Jr, 117310 Red.Hill Avenue, Suite 27; PACIFIC 17 BELLra clot Irvine. California 92614 r.^.a1.;fl:its 19.9) 440-663.z Office ((949) 250-0515=ax L gig +� No • August 9, 1999 lv1x. William Huston City Manager City of Tustin 300 Centennial Way Tustin, Ca. 92780 Dear I would like to thank you for taking tune to meet with Pacific BeII and Southern California Edison regarding the proposed Above Ground Cabinet Guidelines. Furthermore; I would like to compliment both Tim Serlet and Elizabeth Benzack from Your staff for their continued assistance and professionalism. They have been great to work with. During our meeting last month,we were able to discuss some of the concerns Pacific Bell has addressed during the several formal discussions with your.staff. Although during the course of those meetings, many of Pacific Bell's concerns were addressed and rectified,^ some issues have not been. I would like to take the time to outline those areas that are still a concern to Pacific Bell, in hopes they too will be accepted favorably. Favorable acceptance would enable Pacific Bell to. stand beside City staff in endorsing this ordinance when it is presented to the Planning Commission and City Council., Pacific Bell is concemed with submitting letters kindly explaining the reasons for not placing cabinets or pedestals underground. This concern has been raised on numerous occasions but has not been changed or modified. This concern references Section 4.1, sub-section a., of the Guidelines. Forcing Pacific Bell to submit individual, repetitive letters, explaining why it is harmful to place cabinets underground would be a burden on the City staff that must read them. ' Secondly, in past meetings it was concluded that placing a specific height requirement, Section 4.2 within the Resolution, on new and replacement cabinets would- be unnecessary. Rather it was agreed upon that a replacement cabinet within a 20% increase in size would be acceptable. Ordinance Letter Page 2 Thirdly, there exists some concern with Section 4.1, sub-section b3 and Section 4.1, sub- section.cl. Upon reading these two sections,they seem to be conflicting statements. The only explanation that can be concluded is that one may reference cabinets placedin residential areas, and the other in business areas. In an effort to understand them better, Pacific Bell would like to request that some clarification language be added. The last issue surrounds Section 5, sub-section j. of the Guidelines. While Pacific Bell understands the importance of notifying community residents of upcoming construction, for it is already company policy, the radius of 100 feet is a concern. Pacific Bell would like to suggest that notification be given to those properties that will be directly affected by the construction. Mr. Huston, in past meetings the idea of submitting a comprehensive notebook had been discussed. This notebook would outline Pacific Bell's current cabinets, including their replacements, as well as, the newly designed cabinets. Additionally, it would contain one letter explaining why cabinets cannot be placed underground which would apply to all cabinets installed by Pacific Bell. And furthermore, it would contain the name of a contact person and their telephone number should there be any problems. Pacific Bell would like to offer this suggestion once again. Pacific Bell feels that this would alleviate • much of the unnecessary "red tape," while addressing the concems mentioned by the proposed ordinance. Furthermore, the overall concern of regulation-would be addressed and enforced during the encroachment permitting process. As both concerned business partners and corporate citizens of the City of Tustin, the rt- opportunity allowed to Pacific'Bell to assist staff in accomplishing the. City's goal of a uniform set of above ground cabinet guidelines has been a serious one.'We thank you for your assistance and continued support with this matter. Please feel free to contact me should you have any concerns. Sincerely, E. Stratman, Jr. Director,External Affairs cc: Tim Serlet,Director, Public Works/City Engineer Elizabeth Benzack,Director, Community Development ATTACHMENT E RESOLUTION NO. 3652 J L 1 RESOLUTION NO. 3652 2 A RESOLUTION OF -THE- PLANNING COMMISSION OF 3 THE CITY OF.:TUSTIN; CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. 1213 RELATED TO DESIGN- S GUIDELINES FOR ABOVE GROUND CABINETS WITHIN THE PUBLIC , RIGHT OF WAY AND RECOMMENDING 6 THAT THE CITY COUNCIL ADOPT ABOVE GROUND CABINET DESIGN GUIDELINES 7 8 The Planning Commission of the City of Tustin does hereby resolve as follows: 9 10 1. The Planning Commission finds and determines as follows: 11 A. That cable television companies servicing the City are expanding their services by adding high-speed digital 17 telephone and data transmission (Internet) services and the 13 upgrading will require installation of additional equipment such as above ground cabinets within the public right-of-way. In 14 addition, other utility companies*routinely upgrade, relocate, 15 and install new above ground equipment in the public right-of- . way. 16 B.' That currently no guidelines are in place to regulate the 17 location,_screening, and safety of abaVe ground cabin@ts in 18 the public right-of way. 19 C. That guidelines and development standards are needed to 20 promote and protect the public health, safety and general welfare and preserve-and enhance the quality of the City!. 21 - relating to the orderly development of above ground cabinets. 22 D. That a public hearing was duly called, noticed.and held by the 23 Planning Commission. on. March 8, 1999, and August 23, 1999. 24 If. In recommending approval of the Above Ground Cabinet Design 2' Guidelines, the Planning Commission finds and determines: 26 A. That the guidelines,provide standards thaf mitigate impacts 27 typically associated with.installation of utility cabinets within �8 the public right-of-way including measures- to reduce the visual impact of above ground cabinets. Resolution No. 3652 Page 2 B. That the guidelines require approval -of an Encroachment Permit and/or Design Review process which would ensure 3 that cabinets are developed in an orderly manner with respect to location, size, and screening. 4 5 C. That traffic signal controller and{amaation co_ntrolier_cabinets should be exempted from the guidelines since they are 6 different in nature and function and provide essential services. Traffic signal controller cabinets provide for public safety and 7 must be located in close proximity to traffic control devices. ]mgatE no,bntroIle c bines ust be locatedgir�close-prozim te_-available pawe,7sou�rces 9 D. That the Director of Community Development should be 10 authorized to approve, approve with conditions or deny the 11 Design Review application. 1' E. That the,adoption of guidelines or an ordinance to regulate 13 future replacement or installation of above ground cabinets will not affect the environment and is not a project as defined 14 by.the California Environmental Quality Act. 15 111. The Planning Commission hereby recommends that the City Council 16 adopt enabling Ordinance No. 1213 related to design guidelines for above ground cabinets within the public right-of-way, attached hereto 17 as Exhibit A, and adopt the Above Ground Cabinet 'Design 18 Guidelines to be followed when considering an Encroachment Permit and/or Design Review application for the installation of above ground 19 cabinets within the public right-of-way, attached hereto as Exhibit B. 70 21 PASSED AND ADOPTED at a, regular meeting of the Tustin Planning Commission, held on the 23'day of August, 1999. 22 23 LESLIE A. PONTIOU_ S 24 Chairperson 25 _ 26 ELIZABETH A. BINSACK Planning Commission Secretary 37 29 Resolution No. 3652 !' Page 3 STATE OF CALIFORNIA } COUNTY OF ORANGE40 1, ) 3 CITY OF TUSTIN } 3 .1, ELIZABETH A. BINSACK, the undersigned, hereby certify that 1 am the' -Secretary of the Planning Commission of the City of Tustin, California; that' :Resolution No. 3652 was duly passed and adopted at a regular meeting of _ 6 the Tustin Planning Commission, held on the 231 day of August, 1999. 9 ELIZABETH A. BINSACK , 10 Planning Commission Secretary - II • 12 13 14 15 16 4 17 18 19 20 `1 23 24 35 '6 77 �g ` 29 EXHIBIT A OF RESOLUTION NO. 3652 1 • ORDINANCE NO. 1213 3 AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING REGULATIONS FOR 4 ABOVE GROUND CABINETS WITHIN THE CITY'S s RIGHT OF WAY. 6 The City Council of the City of Tustin does hereby ordains as follows: 8 Section 1. FINDINGS 9 The City Council of the City of Tustin finds and determines as follows: 10 A. Currently there are no regulations and guidelines in place- for the 11 installation of above ground cabinets within the City's right of way. 12 B. The adoption of permanent regulations and guidelines for above ground 13 cabinets within the public right of way will'serve to reduce the potential for negative impacts on the community. 14 15 C. Failure to implement above. ground cabinets regulations through the adoption of this ordinance will result .in a substantial number of above 16 ground cabinets being installed without controls needed'to protect the public health, safety and community aesthetics. 17 1s D. Traffic signal controller and imga {on con roller=ca rets are exempted since- they are different in nature and function. as nd7-proyidee`ssenial 19 s rices. The traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. i•r�ga Et onscpritroiler:. 20 cabines'-rnastfbe locate n close. roxirnitoaavala lelower.sour�esh 21 E. The requirements and restrictions imposed by this Ordinance are 22 necessary to protect the health, safety and aesthetics of the City of Tustin ; 23 as follows: 24 1. Design_ Review Approval for installation-of Above Ground Cabinets within_ the City's Right of Water. The City's objective is to promote 25 safety, aesthetics and land use compatibility between above ground 26 cabinets and neighboring land uses. Above ground cabinets are typically located in the public right of way and highly visible because of 27 their size`and/or height, thereby potentially impacting the aesthetics of the community. Public safety could be- negatively impacted if the . 28 cabinets are over concentrated in specific .areas, -or are close to "29 intersections thus impacting motorist visibility, or adjacent to sensitive Ordinance No. 1213 Page 2 of 5 1 " residential or institutional uses. The requirements of a Design Review ' allows the city to examine aesthetics issues by analyzing items such 3 as height and bulk of the cabinets, colors, 'visibility, screening and relationship to adjacent structures, and design. 4 2. Screening Criteria and Guidelines. The City's objective is to promote and protect an aesthetic environment by requiring the use of subdued 6 colors, non-reflective material and screening of the cabinet with landscape materials. 7 8 3. Site Selection Order of Preference. The City's objective is to promote and protect an aesthetic, environment by requiring that above ground. 9 cabinets be located in areas that are the least obtrusive to the community. 10 11 4. Sin Restrictions. -The City's objective is to promote aesthetics by -restricting sign clutter. 1z 5. -Size Criteria. The City's objective is to promote aesthetics and safety. . 13 Limiting the size of above ground cabinets will reduce the visual impact 14 associated with traffic and pedestrian safety. 1s 6. Removal Required for Abandoned Cabinets. The City's objective is to 16 promote and protect an aesthetic and safe environment by requiring cabinets be removed within ninety, (90) days if they are, not in use. 0 Abandoned cabinets that are not promptly removed would contribute to the. blighting of the community and .would present potential safety 18 hazards related to vandalism and unauthorized use of the abandoned 19 cabinets. 20 E. -That a public hearing was duly noticed, called. and held on this Ordinance 21 by the Planning Commission on August 23rd, 1999. 22 Section 2. Part 6 is hereby added to chapter 2 of Article 7 of the Tustin City Code to read as follows: ,3 24 PART 6 DESIGN REVIEW OF ABOVE GROUND CABINETS 25 7260 PURPOSE AND FINDINGS 26 The purpose of this Part 6 is to maintain an aesthetically pleasing environment in 27 the City's rights of way, including parkways and median islands, by regulating the location, size, color and other aspects of aboveground cabinets that exceed a �8 certain size.- Above ground cabinets have proliferated,in the City's.rights of way 29 in recent years., Such cabinets house a variety of uses;some contain controls for Ordinance No. 1213 Page 3 of 5 traffic signals, others contain electronics and wiring for cable television and telecommunications; others contain power sources. The cabinets are painted a variety of colors; come.in varying heights, and 'can be 4 noisy. Most cabinets are not screened. The result is visual clutter and increased noise alonb the City's right of way. Reasonable regulation31 s for the height, location, color and other characteristics of such cabinets are necessary to 6 promote the health and aesthetic welfare of the.people of Tustin. 7 7261 DESIGN REVIEW REQUIRED Except for City traffic signal controller andarrjgationcgnti-oller:cabihefs,, no person 9 shall locate a new above ground cabinet without compliance with the Design Review requirements in Tustin,City, Code Section 9272 and with this Part 6. This, :o Design Review applies to existing and future franchisees and any other person 11 who wishes to' locate replacement or new above-ground cabinets in the public right of way. The installation of replacement cabinets or new cabinets shall 12 comply with the Above Ground Cabinet Design_Guidelines described in Section 7263. Design review, approval is required concurrent with or before an 13 encroachment'permit may be issued to permit installation of a cabinet. 14 ` 7262 APPLICATION FOR DESIGN REVIEW 16 An'applicant shall submit a plan of the proposed location of all cabinets to the Director of Community Development ("Director'). Information shall also be 17 provided as to the dimensions,,proposed colors of the- cabinets, screening, and noise. levels anticipated. The applicant shall pay a fee to cover the anticipated 1s staff time-to review and process the application. 19 7263 DESIGN REVIEW PROCESS 20 Upon the-"applicai ion being fo�rid"complete'by the' Director, or designee, the 21 Director or designee shall review the plan (the "Plan") using the. criteria set forth 22 in the Above Ground Cabinet Design Guidelines adopted by resolution of.the City Council. The Director may conditionally approve or deny the Plan. Amendments -' to a Plan shall be reviewed and approved by the Director concurrent with or prior 24 to issuance of an encroachment permit. Cabinets must be installed per the approved Plan. The noise from each cabinet shall comply with the City's noise =s regulations. 26 Cabinets that exceed the maximum size specified in Section 7263 may be 27 administratively approved by the Director in compliance with the Design Review or Minor Adjustment/Administrative Variance process (in Tustin City Code -s Section 9272) if substantial evidence indicates that- no other technologically i 29 feasible alternative exists. Ordinance No. 1213 Page 4 of 5 _ t 7264 APPEALS 3 Appeals of the Directors decisions maybe taken and heard in accordance with Section 9272(f), Design Review Appeals, of the Tustin City Code. 7266 TERMIABANDONMENT 5 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 7 operator shall notify the City of Tustin in writing no later than thirty (30) 8 days after the discontinuation of use. 9 (b) Cabinets that.are no longer being used shall be removed promptly_no later than ninety (90) days after the discontinuation of use. Such removal shall 10 be in accordance with proper health and safety requirements. All affected 11 areas shall be restored to their original condition at the cabinet owner's expense. 12 (c) The Design- Review approval shall remain valid for the term of .the 13 franchise agreement or as long as the encroachment permit is valid. If the 14 franchise agreemenfor encroachment permit is terminated,• notice 'and evidence thereof shall be provided to the Director. Upon termination or 15 expiration of the franchise"agreement or encroachment permit (note --- 16 covered in (b) above) all cabinets shall be removed from the City's right- of-way. 17 _ Section 3. SEVERABILITY 18 19 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 field by a court to 20 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 21 as applied to all facts, all'of the remaining provisions,•of this ordinance shall 22 continue to be fully effective. 23 PASSED AND ADOPTED by the;City Council of the City of Tustin at a regular 24 meeting on the day of , 1999. 26 Tracy Wills Worley, Mayor 27 29 Pamela Stoker • City Clerk Ordinance No. 1213 I Page 5 of 5 • I 3 ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 6 CERTIFICATION FOR ORDINANCE NO. 1213 _. s PAMELA STOKER, City Clerk and ex-officio of the City Council of the City of - Tustin, California, does hereby certify that the whole number of the members of 9 the City Council if five; that the above and foregoing ordinance No. 1213 was duly and regularly introduced at a regular meeting of the Tustin City Council, held 10 on day of 1999 and was given its second reading, passed and 11 adopted at a regular meeting of the City.Council held on the of ' 1999 by the following vote: 1� • 1' COUNCILPERSONS AYES: 14 �COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: • 1' COUNCILPERSONS ABSENT: 16 17 Pamela Stoker, City Clerk 18 19 21 �3 214 a ,6 ,9 i i EXHIBIT B OF RESOLUTION NO. 3652 i 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 thesame 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 the each the following requirements 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 heightTequirements 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. New or Replacement Cabinets that Cannot Comply with Requirements•for Concurrent Encroachment Permit/Design Review[Section 3(b)] C. Installation of replacement cabinets that are larger than the existing cabinet and cannot comply with the requirements for a concurrent Encroachment Permit/Design Review [Section 3(b)]require Design Review prior to-issuance of Encroachment Permits. Above Ground Cabinet Design Guidelines Page 2 d. 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. i�ySBI]I i��r.� .cy- --,k.,�x..�.. - ,,tie._ .•""=° _:c••-r t�. ,��..�..��. v..^ e: K YSysteminpadeswhicrecuue"substantial, :tlafionofne andYerpa�cem nt caliine s p'-r" �... w�. r'*� "'� S"= a�'' F� ,A-�,�t'`. shall zequir esign Revie v.apgrov, to issuance of ncroachment Permi�when er n Dei Rev3�� sgu�re� y ese esABUM rehensive_�Mter Pland�e�ic the locafions oalin aiian r lacementtcab�netsshall�. ersubmi tedconcuzrenI �tritIi t]a�Desi'an�Review;ap hcU___�_ahon. - 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. 1''henever feasible, cabinets should be installed underground. •If it is not technologically feasible to install a cabinet underground, the utility provider shall submit a Ietter of explanation regarding the hardship associated with or unfeasibility of underground installation. b. Vi'hen 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. 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. Consideration shall be given to the number of existing cabinets within a particular area and overconcentration of cabinets shall be avoided. Overconcentration,is defined as more than one (1) cabinet installed adjacent to the same side of a property. if a sufficient distance separation is not technologically feasible: 1. Cabinets shall be.located as far as possible from existing cabinets; and, Above Ground Cabinet Design Guidelines Page 3 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 theparkway to create a uniform setback distance and appearance. e. Cabinets shall not: 1. Obstruct line of sight requirements at intersections or driveways.- 2. Obstruct oz 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 Iocated 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 w . .:- 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 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. I Above Ground Cabinet Design Guidelines Page 4 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. _ 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 materials which discourage or repel graffiti and the cabinet owner shall be responsible for removing graffiti from cabinets within 48 hours. Cabinet o-,Nners shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. e. 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 Mth health and safety requirements. All disturbed areas shall be restored to original conditions at the operator's expense. L 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 and evidence thereof shall be provided to the Community Development Director. Upon termination or expiration of the franchise agreement or encroachment perinit, 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 owners within a one hundred (100) foot radius indicating the type, location; and size of cabinets that will be installed and the estimated start and ending dates of construction. k. Thecali~ui �ha I eonsfrucec_ f{aE111!.1maenalIiatw �be est=xeszstari a 'stain'iess ^tea r e � �; ays er ` a ons_ i`-b-lefo�tte� y�rust���either epraintin �7or n . o her metho ecommended they an au#ct erg 3 a e uatest the S:1CDD10RDINANCIcabinetguideiines.doe ITEM #4 40ceport to the j Planning Commission' DATE: AUGUST 23, '1999 SUBJECT: CITY COUNCIL ACTION AGENDA,AUGUST 16,1999 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT CITY COUNCIL ACTION AGENDA- AUGUST 16, 1999 Ii i, ACTION AGENDA CITY COUNCIL REGULAR MEETING AUGUST 16, 1999 . WORKSHOP - At 5:30 p.m. in the Community Center, the City Council will conduct a Solid Waste Services Workshop. This workshop.is open to-the public. 7:14 P.M. CALL TO ORDER GIVEN INVOCATION - Dr. Lloyd Strelow, Peace Lutheran Church GIVEN PLEDGE OF ALLEGIANCE POTTS ABSENT ROLL CALL PRESENTED PRESENTATION - (1) Certificate of Commendation, Mr. Ron Walde, and (2) Scholar-Athlete Awards PUBLIC fNPUT _ BERKLEE MAUGHAN: CAUTIONED COUNCIL THAT SOLID WASTE CONTRACT BID SPECIFICATIONS WOULD IMPACT TRASH RATES, COMMENTED ON CURRENT CONTRACT LANGUAGE REGARDING LIMITATIONS ON TONNAGE CERTIFICATION, NOTED 3 BIN COLLECTION PROGRAM LIMITATIONS, AND REQUESTED 1998 TONNAGE CERTIFICATION REPORT AND AN OPINION REGARDING PROPOSITION 218- VOTER APPROVAL FOR FEES. COUNCIL/SPEAKER DISCUSSION FOLLOWED REGARDING: PROPOSITION 2189 -RATES PER UNIT, DUPLEX/TRIPLEX DWELLING COMPARISONS, 3 BIN COLLECTION SYSTEM, AND CONDUCTING ANOTHER WORKSHOP IN SEPTEMBER. PUBLIC HEARING ( ITEMS 1 THROUGH 2 ) INTRODUCED 1. ORDINANCE NO. 1220'—AMENDING PROVISIONS FOR MODIFIED REGULATION OF GARAGE SALES ORDINANCE NO. 1220 WITH NUMBER OF The Community Development Department is GARAGE SALES PER recommending amendments to Tustin City Code Section YEAR REMAINING AT "3640 pertaining to regulations for garage sales. The FOUR amendment will limit the number ofarage sales to two g Action Agenda — City Council August 16, 1999-- Page 1 _(2) per property per year, specify th`e personal property that may be sold at garage sales, :and stipulate when garage sale direction signs may be posted and removed. oil Recommendation by the Community Development Department: 1. Open and close the Public Hearing. 2. Have first reading by title only and introduction of the following Ordinance No. 1220: ORDINANCE'NO. 1.220 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY , OF . TUSTIN, CALIFORNIA, AMENDING - THE REGULATIONS FOR GARAGE SALES APPROVED STAFF 2. RENEWAL OF A CABLE TELEVISION FRANCHISE RECOMMENDATION AGREEMENT WITH COX COMMUNICATIONS, INC. In accordance with the procedures established- by adoption of Resolution No. 99.49, the City Council will conduct a Public Hearing to consider the renewal of •the CATV franchiseJor Cox Communications, Inc. The purpose of the hearing is to identify the City's future _ cable-related needs and to review the performance of the franchisee during the current franchise agreement. Recommendation by the Public Works Department: 1. Open and close the Public Hearing. 2. Authorize staff to prepare and forward a letter requesting a franchise agreement renewal proposal from Cox Communications, Inc., which responds to the issues identified by the City Council, citizens and staff. CONSENT CALENDAR ( ITEMS 3 THROUGH S ) APPROVED 3. APPROVAL OF MINUTES — AUGUST 2, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of August 2, 1999. Action Agenda —City Council August 16, 1999 — Page 2 APPROVED 4. APPROVAL OF DEMANDS _ AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $3,438,706.97 and ratify Payroll in the amount of $391,704.17. RATIFIED 5. PLANNING COMMISSION ACTION AGENDA — AUGUST' 9, 1999 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of August 9, 1999. APPROVED 6. AWARD OF CONTRACT * FOR WEED ABATEMENT SERVICES Recommendation: Authorize the Community Development Director to'enter into a contract with Bob McGrann Construction for the removal of weeds from private property on an as-needed basis as recommended by the Community Development Department. ADOPTED 7. RESOLUTION NO. 99-65 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY_ OF TUSTIN, CALIFORNIA, NO. 99-65 - PROVIDING FOR THE INCLUSION ON THE TAX ROLL OF • CERTAIN REASSESSMENTS IN THE CITY OF TUSTIN REASSESSMENT DISTRICT NO. 95-2 (TUSTIN RANCH) Recommendation: Adopt Resolution No. 99-65 making changes in the amounts of certain assessments' in the City of Tustin Reassessment District No. 95-2 (Tustin Ranch) and modifying the Reassessment Report, therefore approving the Third Supplemental Reassessment Report as recommended by the Finance Department. ADOPTED 8. RESOLUTION NO. 99-64 (APPLICANT: GREGORY RESOLUTION BENNETT) - A RESOLUTION OF THE CITY COUNCIL OF NO. 9964 THE CITY OF TUSTIN, CALIFORNIA, APPROVING FINAL. PARCEL MAP 99-161 TO COMBINE THREE LOTS LOCATED AT 145, 155 AND 165 EL CAMINO REAL INTO ONE LOT FOR THE PURPOSE OF DEVELOPING A 10,712 SQUARE FOOT BUILDING Recommendation: Adopt Resolution No. 99-64 approving Final Parcel Map 99-161 subject to the conditions of approval identified in Exhibit A of Resolution No. 99.64 to the satisfaction of the Community Development and Public Works Action Agenda — City Council August 16, 1999.— Page 3 - J i Departments and the City Attorney prior to recordation as recommended by 'the Community Development Department. REGULAR BUSINESS ( ITEM 9 ) APPROVED 9. DESIGNATION OF HISTORIC PROPERTIES WITH IMPLEMENTATION PLAQUES OF PLAQUE DESIGNATION The Cultural Resource Advisory Committee has PROGRAM recommended that the.City implement a program to (ALTERNATIVE 1) designate historic properties with plaques. This report serves to provide the City Council with a general overview of the Committee's recommendations pertaining to the proposed program: Recommendation: Provide direction to staff regarding the implementation of a plaque designation program as recommended by the Community Development Department. NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE- REPORTS 4 DOYLE: SENT PERSONAL MESSAGES TO FRIENDS -SALTARELLI: COMMENTED TO THE COMMUNITY DEVELOPMENT DIRECTOR REGARDING THE LACK OF STARTERS ON THE OHIO STATE FOOTBALL TEAM THOMAS: REPORTED SERRANO ,DEVELOPMENT CHILDREN WERE BEING INJURED FROM SLIPPERY STREET GUTTERS, NOTED THE PROBLEM WAS BUILD-UP FROM RESIDENTS' EXCESSIVE WATERING, AND REQUESTED CLARIFICATION IF THE PROBLEM WAS. THE RESPONSIBILITY OF THE, -HOMEOWNERS ASSOCIATION OR THE CITY REPORTED - HE WOULD BE ABSENT FROM , THE SEPTEMBER 20TH MEETING DUE TO A BUSINESS COMMITMENT WORLEY: REPORTED THE SENIOR CENTER VOLLEYBALL TEAM WOULD BE TRAVELING TO. FLORIDA TO COMPETE IN A TOURNAMENT AND WISHED THEM SUCCESS I Action Agenda—City Council August 16, 1999—Page 4 WORLEY:- NOTED THE CONCERTS . IN THE PARK SERIES WOULD CONCLUDE ON AUGUST 18 AND COMMENDED PACIFIC BELL FOR.THEIR $5,000 SPONSORSHIP OF THE EVENT NOTED THAT' THE BURGER KING ON RED HILL HAD OPENED AND-WAS OPERATING SUCCESSFULLY NONE CLOSED SESSION - None 8:28 P.M. ADJOURNMENT - The City .Council has scheduled a joint meeting with the Tustin Unified School District Board of Education on August 30, 1999, at 7:00 p.m. in the Community Center; and the next regular meeting of the City Council is scheduled' for .Tuesday, September 7,- 1999, at 7:00 p.m: in the Council Chamber,at 300 Centennial Way. Action Agenda.-- City Council August 16, 1999 — Page 5 I i ACTION AGENDA REGULAR MEETING OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AUGUST 16, 1999 � 8:28 P.M. CALL TO ORDER POTTS ABSENT ROLL CALL REGULAR BUSINESS ( ITEMS 1 THROUGH 2 ) APPROVED . 1. APPROVAL OF MINUTES — AUGUST 2, 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of August.2, 1999.' APPROVED 2. APPROVAL OF DEMANDS Recommendation: ;Approve Demands in the amount of ; $236,381.19. " NONE OTHER BUSINESS NONE- -CLOSED SESSION None 8:28 P.M. ADJOURNMENT - The next regular meeting of. the Redevelopment Agency .is scheduled for- Tuesday,,- September uesday,;September 7; 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. f Action Agenda—Redevelopment Agency August 16, 1999—Page 1