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HomeMy WebLinkAboutPC RES 3775l0 14 l? 1.9 20 2! 2.4 2.5 2?. RESOLUTION NO. 3775 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT ENABLING ORDINANCE NO. 1232 RELATED TO DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES AND THEIR ACCESSORY EQUIPMENT ON'PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT OF WAY AND RECOMMENDING THAT THE CITY COUNCIL ADOPT THE DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT- OF-WAY. The Planning Commission of the City of Tustin does hereby resolve follows' as I. The Planning Commission finds and determines as follows' A, That telephone, internet, cable, and personal wireless telephone (cellular) servicing the City are expanding and upgrading their services and will require installation of additional equipment such as aboveground accessory equipment, antennas attached to utility poles, street light poles, or other structures on public properties or in the public right-of-way. B. On December 6, 1999, the City Council adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power supply equipment within the public right-of-way. These guidelines do not regulate utility facilities located aboveground such as antennas attached to utility poles, street light poles', utility towers, or other structures within the public right-of-way. Co Currently, there are no guidelines in place for aboveground utility facilities on public properties such as parks, community facilities, or other City-owned properties. New guidelines are needed to establish design criteria prior to installation of aboveground utility facilities on public properties. Do 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 l0 14 l? 20 2! ?-3 24 2? ?-8 Resolution No. 3775 Page 2 II. relating to the orderly development of aboveground utility facilities and their accessory equipment. E, That a public hearing was duly called, noticed, and held by the Planning Commission on September 10, 2001, and the Planning Commission recommended approval of the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way and Ordinance No. 1232. In recommending for the adoption of the enabling Ordinance and the Design 'Guidelines for Aboveground Utility Facilities on Public Property and in the Public Right-of-Way, the Planning Commission finds and determines: A, B, C, D, That the guidelines provide standards that mitigate impacts typically associated with installation of aboveground utility facilities and their accessory equipment on public property and in the public right-of-way, including measures to reduce their visual impact. That the guidelines require approval of an Encroachment Permit and/or Design Review process which would ensure that aboveground utility facilities and their accessory .., equipment are developed in an orderly manner with respect to location, size, and screening. Traffic signal controller cabinets are exempted because they are different in nature and function and provide essential Services. The traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. Irrigation controller cabinets are also exempted because they must be located in close proximity to available power sources. That the Director of Community Development should be authorized to approve, approve with conditions, or deny the Design Review application in. accordance with the 'Design Guidelines adopted herein. For projects located within redevelopment project areas, the Redevelopment Agency shall make a finding of conformity to the respective redevelopment plans concurrently or prior to consideration of the Design Review application. No Design l0 14 ]5 l? 20 2.4 2.5 28 Resolution No. 3775 Page 3 Review approvals shall be granted withoUt a finding of conformity by the Redevelopment Agency. E A Negative Declaration has been prepared and recommended for certification for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). III. The Planning Commission hereby recommends that the City Council adopt enabling OrdinanCe No. 1232 related to Design Review of Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way attached hereto as Exhibit "A," and adopt the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-Way attached hereto as Exhibit "B" to be 'followed when considering an Encroachment Permit and/or Design Review application for the installation of aboveground utility facilities and their accessory equipment on public properties and in the public · right-of-way. IV. ResolutiOn No. 3652 is hereby amended. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 10th day of September, 2001. LES US Chairperson -ELIZABETH A. BINSACK Planning Commission Secretary l0 12 14 l? 18 20 21 22 24 2.? 29 Resolution No. 3775 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3775 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10t" day of September, 2001. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A of Resolution No. 3775 Ordinance No.' 1232 DRAFT ORDINANCE NO. 1232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING PART 6 CHAPTER 2 OF ARTICLE 7 OF THE TUSTIN CITY CODE IN ITS ENTIRETY AND REPLACING WITH DESIGN REVIEW OF ABOVEGROUND UTILITY 'FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY. The City Council of the City of Tustin does hereby ordain as follows' Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows' A, On December 6, 1999, the City Council' adopted the Aboveground Cabinets Design Guidelines. These guidelines regulate aboveground cabinets for power supply equipment within the public right-of-way. These guidelines do not regulate utility facilities located aboveground such as antennas attached to utility poles, street light poles, utility towers, or other structures within the public right-of-way. B, Currently, there are no guidelines in. place for aboveground utility facilities on public properties such as parks, community facilities, or other CitY-owned properties. New guidelines are needed to establish design criteria prior to installation of aboveground utility facilities on public properties.. C, The adoption of permanent regulations and guidelines for any aboveground-telecommunications on public property and in the public right-of-way will serve to reduce the potential for negative impacts on the community. D, Failure to implement aboveground utility facilities regulations through the adoption of this ordinance will result in the installation of a substantial number of aboveground utility facilities without controls needed to protect the public health, safety, and community aesthetics. Eo Traffic signal controller cabinets are exempted because they are different in nature and function and provide essential services. The traffic signal control cabinets by nature must be located where traffic can be controlled at intersections. Draft Ordinance No. 1232 Page 2 of 6 F, Irrigation controller cabinets are also exempted because they must be located in close proximity to available power sources. The requirements and restrictions imposed by this Ordinance are necessary to protect the health, safety, and aesthetics of the City of Tustin as follows' 1. Design Review Approval for installation of Aboveground Utility Facilities on Public Property and in the Public Right-of-Way. The City's objective is to promote safety, aesthetics, and land use compatibility between aboveground utility facilities and neighboring land uses. Aboveground utility facilities 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 aboveground utility facilities and their .accessory equipment cabinets are: overconcentrated in specific areas, close to intersections thus impacting motorist visibility; adjacent to sensitive residential or institutional uses; obstruct traffic signals, signs, or other public safety devices located within the public right-of-way. The requirement of a Design Review allows the City to examine aesthetics issues by analyzing items such as height and bulk of the facilities, colors, visibility, screening, and relationship to adjacent structures, and design. 2. Screening Criteria and Guidelines. The City's objective is to promote and protect safety and the aesthetic environment by requiring the use of subdued colors, non-reflective materials, and screening of the aboveground utility facilities and their accessory equipment with landscape materials. 3. Site Selection Order of Preference. The City's objective is to promote and protect safety and the aesthetic environment by requiring that aboveground utility facilities be located in areas that are the least obtrusive. 4. Sign Restrictions. The City's objective is to promote safety and aesthetics by promoting information necessary to be provided at the facilities while restricting sign clutter. 5. Removal Required for Abandoned Facilities. The City's objective is to promote and protect an aesthetic and safe environment by requiring that facilities be removed within ninety (90) days if they are not in use. Abandoned facilities that are not promptly removed would contribute to the blighting of the Draft Ordinance No. 1232 Page 3 of 6 G, community and would present potential safety hazards related to vandalism and unauthorized use of the abandoned facilities. · That the Planning Commission considered this Ordinance on September 10, 2001, and recommended that the City Council adopt this enabling Ordinance. Section 2. Ordinance No. 1213 and Part 6 Chapter 2 of Article 7 of the Tustin City Code are hereby amended and replaced to read as follows' PART 6 DESIGN REVIEW OF- ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT-OF-WAY 726O PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain a safe and aesthetically pleasing environment in the public right-of-way and on City-owned properties by regulating the location, color, screening,, and other aspects of aboveground utility facilities. Aboveground utility facilities come in a variety of forms that include, but are not limited to, cables, wires, conduits, ducts, pedestals, and antennae to transmit, receive, distribute, provide, or offer utility services. Their accessory'equipment typically is contained in enclosures, cabinets, artificial rocks, or boxes to house a variety of Uses such as controls.for signals, electronics and wiring for cable television and telecommunications, or Power sources. Often these facilities are located aboveground on existing structures such as utility or light poles and have the tendency to proliferate to ensure user coverage. Such proliferation can result in visual clutter, blocking visibility to signs and other structures, preventing access for the disabled, distracting motorists travelling along the right-of-way, and can be noisy. Reasonable regulations for locating the aboveground utility facilities and their accessory equipment are necessary to promote the health and aesthetic welfare of the people of Tustin. Reasonable compensation for permitting private use of public property and the public right-of-way is also necessary to offset the right-of-way maintenance costs. 7261 LEASE AGREEMENT REQUIRED No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground utility facilities and their accessory equipment in, above, beneath, or across any public property, exclusive of the public right-of-Way, without first obtaining a Lease Agreement or Draft Ordinance No. 1232 Page 4 of 6 License in accordance with the Design Guidelines. Franchises and Right- of-Way Agreements for telecommunication facilities in the public right-of- way are governed by State and Federal regulations and pertinent provisions of Chapter 7 of Article 7 of the Tustin City Code. 7262 DESIGN REVIEW REQUIRED No person shall place, construct, install, own, control, operate, manage, maintain, or use any aboveground utility facilities and their accessory equipment without compliance with the Design Review requirements in Tustin City Code Section 9272 and with this Part 6. This requirement applies to existing and future franchisees and any other person who Wishes to locate replacement or new aboveground utility facilities and their accessory equipment on public property and in the public right-of-way. Aboveground utility facilities located within Redevelopment' Project areas shall be consistent with the respective redevelopment plans. No Design Review approvals or any permits can be issued unless the Redevelopment Agency can make a finding of conformity. Existing aboveground utility facilities and accessory equipment installed prior to the effective date of this ordinance shall not be subject to this requirement. 7263 APPLICATION FOR DESIGN REVIEW An applicant shall submit a plan of the proposed location of all aboveground utility facilities including their accessory equipment located in cabinets, enclosures, or boxes to the Director of Community Development ("Director"). Information shall also be provided as to the dimensions, proposed colors, screening materials, noise levels, and whether there will be interference with the public radio system anticipated. The applicant shall pay a fee to cover the anticipated staff time to review and process the application. 7264 DESIGN REVIEW PROCESS Upon the application being found complete by the Director, or designee, the Director or designee shall review the plan (the "Plan") using the criteria set forth in the Design Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way adopted by resolution of the City Council. If the utility facilities are to be located within redevelopment areas, then a finding of conformity by the Redevelopment Agency would need to be made prior to the Director consideration of the Design Review. The Director may conditionally approve or deny the application. Amendments to the Plan'shall be reviewed and approved by the Director concurrent with or prior to issuance of an encroachment Draft Ordinance No. 1232 Page 5 of 6 permit, Lease Agreement or License, as provided for in the Design Guidelines, or Right-of-Way Agreement as defined in Chapter 7 of Article 7 of the Tustin City Code. The aboveground utility facilities and their accessory equipment must be installed pursuant to the approved Plan. The noise generated from the aboveground utility facilities, including their accessory equipment, shall comply with the City's noise regulations. 7265 APPEALS Appeals of the Director's decisions may be taken and heard in accordance with Section 9272(0 of the Tustin City Code. 7266 TERM/ABANDONMENT (a) An aboveground utility facility is considered abandoned if it no longer provides service. If the use of the facility is discontinued for any reason, the operator shall, notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. If no notification is provided to the City, the facility shall be deemed discontinued. (b) Aboveground utility facilities, including their accessory equipment, · that are no longer being used shall be removed promptly no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements. All affected areas shall be restored to their original condition at the operator's expense. (c) The Design Review approval shall remain valid for the term of the Lease Agreement, License, Right-of-Way Agreement, or as long as the encroachment permit is valid. If the Lease Agreement, License, Right-of-Way Agreement, or Encroachment Permit is terminated, notice and evidence 'thereof shall be provided to the Director. Upon termination or expiration of the Lease Agreement, License, Right- of-Way Agreement, or Encroachment Permit, the aboveground utility facilities, including their accessory equipment, shall be removed from the public property or the public right-of-way. 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. Draft Ordinance No. 1232 Page 6 of 6 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the day of ., 2001. Tracy Wills Worley, Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1232 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 is five; that the above and foregoing Ordinance No. 1232 was duly .and regularly introduced at a regular meeting of the Tustin City Council, held on the day of 2001 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of ,2001 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk Exhibit B of Resolution No. 3775 Design. Guidelines for Aboveground Utility Facilities on Public Properties and in the Public Right-of-way EXHIBIT B DESIGN GUIDELINES FOR ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTIES AND IN THE PUBLIC RIGHT-OF-WAY SECTION 1: PURPOSE AND INTENT The purpose of these guidelines is to implement Part 6 of Chapter 2 of Article 7 of the Tustin City Code (Ordinance No. 1232) and regulate the placement and design of aboveground utility facilities and their accessory equipment in conjunction with any City- permitted use of public properties and public right-of-ways. These guidelines are intended to protect the health, safety, aesthetics, and welfare; and secure fair and reasonable compensation for permitting private use of public property. SECTION 2: DEFINITIONS For purposes of these guidelines, the following words and phrases shall have the following meanings, unless .the context of the sentence in which they are used indicates otherwise. "Aboveground Accessory Equipment" or "Accessory Equipment" means any aboveground equipment located in enclosures, cabinets, artificial rocks, boxes, or other structures to facilitate the operation of their associated utility facilities. "Aboveground Utility Facility" or "Utility Facilities" means any aboveground public or private plant, equipment, and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, utility poles, street light poles, utility towers, or other structures and .their supports, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide, or offer utility services. This includes facilities for personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. § 332(c)(7). "City" means the City of Tustin. "Council" means the City Council of the City of Tustin. "Co-location" means the locating of more than one aboveground 'utility facility provider on a single structure-mounted, roof-mounted, or ground-mounted utility facility. "Director" means the Community Development Director of the City of Tustin. Draft Aboveground Utility Facilities Design Guidelines Page 2 "Grantee" means a person who has been granted a Lease Agreement or License pursuant to this policy and guidelines. "Interference" means any instances of interference with public safety radio equipment preventing clear radio reception which includes, but is not limited to, static, unwanted signal, and distortion of sounds or reception. "Lease Agreement or License" means a contract agreement between the City and a' person pursuant to this policy and guidelines. The contract may be in the form of a lease if the City owns a fee interest in the property or in the form of a license if the City has a leasehold interest in the property. "Person" means and includes, but is not limited to, corporations, companies or associations, firms, partnerships, limited liability companies, and individuals and includes their lessors, trustees, receivers, and successors in interest. "Public property" means any property in which the City of Tustin and/or the City's Redevelopment Agency holds a legal interest, except the public right-of-way. "Public right-of-way" means and includes all public streets, sidewalks, easements now or hereafter owned in fee or easement by the City. and utility "Public Works Director" means the Director of Public Works of the City. "Stealth Facility" means any aboveground utility facility which is disguised to appear as another natural or artificial man-made object' that is prevalent in the surrounding environment or which is architecturally integrated into a building or other concealing structure. "Utility Provider" means and includes any person that proposes to or does own, control, operate, or manage plant, equipment, or any other facility on public property or in the public right-of-way for the provision of an utility service. "Utility Service" means and includes any electrical, gas, heat, water, telephone, pipeline, sewer, or telegraph services or commodity, where the service is performed for, or the commodity delivered to, the public or any portion thereof. SECTION 3' APPLICABILITY · These guidelines regulate the installation of new and replacement aboveground utility facilities and their accessory equipment on public properties or in the public right-of- way. Draft Aboveground Utility Facilities Design Guidelines Page 3 SECTION 4' PROCESS ' 4.1 Application Process The City Manager or designee may accept a discretionary application for use of public property and/or public right-of-way for aboveground utility facilities and. process the application in accordance with Tustin City Code Section 9272 related to the Design Review process. At the City Manager's sole discretion, a request to submit an application may be denied. Authorization to submit an application does not commit the City to approve the proposed use. Upon the application being found complete by the Community Development Director ("Director") or designee, using the criteria set forth in these guidelines and Tustin City Code Section 9272, the Director may approve, conditionally approve, or deny the application. The Director reserves the right to, or if required will, forward any application to the Planning Commission and/or City Council for consideration and action. For projects located within redevelopment project areas, a finding of conformity to the respective redevelopment plans shall be made concurrently or prior to consideration of the Design Review application. No approvals shall be granted unless the Redevelopment Agency can make a finding of conformity. Upon the approval of the application, the Grantee shall obtain all applicable permits prior to installation of the aboveground utility facilities and their accessory equipment including, but not limited to, Lease, License, Right-of-Way Agreement under Chapter 7 of Article 7 of the Tustin City Code, electrical permit, building permit, encroachment permit, owner authorization, and other required permits by the City or any other agencies such as Federal Aviation Administration (FAA), Federal Communication Commission (FCC), Public Utility Commission (PUC), or other County, State or Federal agencies. However, existing franchises or agreements need not be reconsidered by the City Council unless the franchise agreement requires such consideration. 4.2 Design Review a) Design Review approval in accordance with Tustin City Code Section 9272, shall be required prior to the placement, construction, installation, operation, establishment, or modification of any aboveground utility facilities on public property and in the public right-of-way. b) Design Review application shall be accompanied with a statement to indicate that the utility facilities will not interfere with the Public Safety Draft Aboveground Utility Facilities Design Guidelines Page 4 Radio Equipment. If interference occurs after the installation, the utility providers shall take immediate action to eliminate the interference and pay all associated fees for compliance. c) Design Review approval shall remain valid for the term of the Lease Agreement or License and/or Right-of-Way Agreement including any extension thereof or as long as the encroachment permit is valid. Upon termination or expiration of the Lease Agreement or License, Encroachment Permit, Right-of-Way Agreement or upon the failure of Grantee to build the facility within 180 days of its approval, the Design Review approval for the facility shall become null and void and the facility shall be removed within thirty (30) days from such termination or expiration. d) Design Review approval for aboveground accessory equipment associated with the operation of the utility facilities shall be considered in accordance with the process and criteria as outlined in Section 7 of these guidelines. e) In addition to the information requested in the Development Application Form, the following items shall be required for an aboveground utility facility: 1. A statement providing the reason for the location, design, and height of the proposed aboveground utility facilities; , Evidence satisfactory to the City demonstrating location or co-location unfeasible on existing structures, light or utilities poles/towers, and existing sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs; 3. A photo simulation of the proposed aboveground utility facility in true scale. 4. A site plan showing the locations of all aboveground utility facilities. proposed and existing 5. A screening plan showing the specific placement of landscaping or any other proposed' screening materials to be used to screen the aboveground utility facilities, including the proposed color(s); and, 6. A signed statement that the applicant agrees to allow for co-location of additional aboveground utility facilities on the same structures or within Draft Aboveground Utility Facilities Design Guidelines Page 5 the same site location, or whether such co-location is unfeasible, and the reasons for such unfeasibility. SECTION 5: .DEVELOPMENT GUIDELINES Aboveground utility facilities on public property and in the public right-of-way shall be placed in locations where there is little or no interference with public use of the properties and the rights or reasonable convenience of property owners who adjoin the properties. Aboveground accessory equipment located inside cabinets, enclosures, artificial rocks, boxes, or other structure shall be subject to criteria listed in Section 7 of these guidelines. The following criteria shall apply: a) Stealth Facility. Aboveground utility facilities shall be designed as stealth facilities with concealed antennas to be placed within existing structures such as buildings, utility poles, light poles, utility towers, freestanding signs, score boards, towers, or fencing and shall blend into the surrounding environment or be architecturally integrated. b) Co-location. Aboveground utility facilities shall be co-located 'with existing aboveground utility facilities where possible. Whenever any existing utility facilities are located underground within the public right-of-way, the utility providers with permission to occupy the same public 'right- of-way shall co-locate their utility facilities underground. c) Colors. Any part of aboveground utility facilities visible to public view shall have subdued colors and non-reflective materials which blend with surrounding materials and colors and shall be covered with an anti-graffiti material. d) Screenings. For building- or structure-mounted facilities, screening shall be compatible with the existing architecture, color, texture, and/or materials of the building or structure. e) Landscaping. When landscape screening is proposed or required, the landscaping shall be compatible with the surrounding landscape area and shall be a type and variety capable of screening the aboveground utility facilities. All landscaping areas shall be adequately maintained which include, but not limited to: trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. Signs. Any signs attached to aboveground utility facilities shall comply with the City of Tustin Sign Code. Draft Aboveground Utility Facilities Design Guidelines Page 6 g) Accessory Equipment. Accessory equipment associated with the operation of the utility facilities shall be designed, located and be made part of the structures (i.e. as part of the base or support structure) or be located within buildings, enclosures, or cabinets in accordance with Section 7 of these guidelines. h) Required Removal. The City, in accordance with the Lease Agreement or License, Right-of-Way Agreement, or Encroachment permit, as applicable, reserves the right to require the removal or relocation of any aboveground utility facility when determined to be necessary to protect public health, safety, and welfare by giving ninety (90) days notice. Undergrounding. The City reserves the right to require that all utility facilities including their accessory equipment be placed underground when technologically feasible. SECTION 6' DEVELOPMENT STANDARDS Development standards including height limits for any aboveground utility facility on public property and in public right-of-way shall be determined pursuant to the Design Review process. SECTION 7' ABOVEGROUND ACCESSORY EQUIPMENT Ab0veground accessory equipment for aboveground utility facility located inside cabinets, enclosures, artificial rocks, boxes, or other structure shall be subject to the following criteria' 7.1 Process a, Replacement Aboveground Accessory Equipment that are the Same Size as Existing Aboveground Accessory Equipment. Installation of replacement aboveground accessory equipment may shall be approved in conjunction with issuance of an Encroachment Permit provided the replacement aboveground accessory equipment is the same size or smaller than the existing aboveground accessory equipment and the aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. Draft Aboveground Utility Facilities Design Guidelines Page 7 b, Co New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that are Larger than Existing Aboveground Accessory Equipment. Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the existing aboveground accessory equipment may be. approved in conjunction with issuance of a concurrent Encroachment Permit/Design Review application, provided that each the following requirements are met: 1. No aboveground accessory equipment may be located adjacent to a front-yard area of a residentially zoned or used property. 2. The aboveground accessory equipment complies with the height requirements set forth in Section 7.3 herein. 3. The aboveground accessory equipment complies requirements of the Americans with Disabilities Act. with the 4. No aboveground accessory equipment may be located in an area that obstructs line of sight at an intersection, driveway, or alley. Comprehensive Manual in Lieu of a Design Review. 1. A comprehensive manual may be submitted in lieu of a Design Review application for new or replacement aboveground accessory equipment that meet each of the requirements of Section 7.1(b) above. The manual shall contain sufficient information to verify compliance with the above requirements such as type and size of the proposed aboveground accessory equipment. When a project is located within redevelopment project areas, the comprehensive manual shall also be submitted to the Redevelopment Agency for finding, of conformity to the respective redevelopment plans. Upon approval of the comprehensive manual, the applicant shall obtain an Encroachment Permit. The Community Development and Public Works Departments shall review the Encroachment Permit application. 2. Installation of aboveground accessory equipment in accordance with 'an approved comprehensive manual shall not be subject to a Design Review process. Draft Aboveground Utility Facilities Design Guidelines Page 8 d, New Aboveground Accessory Equipment or Replacement Aboveground Accessory Equipment that cannot comply with Requirements for Concurrent Encroachment Permit/Design Review [Section 7. l(b)] 'Installation of new aboveground accessory equipment or replacement aboveground accessory equipment that are larger than the exiSting aboveground accessory equipment and cannot comply with the requirements, for a concurrent Encroachment Permit/Design Review [Section 7.1(b)] require a Design Review prior to issuance of Encroachment Permits. e. System Upgrades System upgrades which require substantial installation of new and replacement aboveground accessory equipment shall require Design Review approval prior to issuance of Encroachment Permits when Design Review is required by these guidelines. A comprehensive Master Plan depicting the 'locations of all new and replacement aboveground accessory equipment shall be submitted concurrently with the Design Review application. 7.2. Development Guidelines Location, size, and screening of proposed aboveground' accessory equipment will be considered by the Community Development Department in accordance with the following criteria: a. Location '1. Whenever feasible, accessory equipment sh'ould be installed underground. If it is not technologically feasible to install an accessory equipment underground, the utility provider shall submit a letter of explanation regarding the hardship associated with or unfeasibility of underground installation. One letter may be included in the comprehensive manual described in Section 7.1(c) for all proposed accessory equipment within the manual. 2. When underground installation is not feasible, the following order of preference shall be considered for aboveground installation of accessory equipment of any size: a. Aboveground accessory equipment should be designed as stealth facility. Draft Aboveground Utility Facilities Design Guidelines Page 9 b, Aboveground accessory equipment should be located adjacent to non-residential properties in an area where no modification to the existing right-of-way would be required and existing landscaping is present to screen the accessory equipment. Aboveground accessory equipment should be located adjacent to side or rear yards of residential properties, preferably on major streets where no modification to the existing right-of-way would be required and existing landscaping is present to screen the accessory equipment. d, Aboveground accessory equipment should be located as closely as possible to the shared 'property line between the front yards of residential properties where no sight distance from driveways would be obstructed. 3. Consideration shall be given to the number of existing aboveground accessory equipment within a particular area and over-concentration of aboveground accessory equipment shall be avoided. Over- concentration is defined as more than one (1) aboveground accessory equipment installed adjacent to the same side of a property. If a sufficient distance separation is not technologically feasible: a,, Aboveground accessory equipment shall be located as far as possible from existing aboveground accessory equipment; and, b, The accessory equipment owner/installer shall submit a letter of explanation regarding the hardship associated'with or unfeasibility of installing the aboveground accessory equipment at a sufficient distance from an existing aboveground accessory equipment. 4. Aboveground accessory equipment located in parkway areas should be located at the same distance from the curb as other aboveground accessory equipment along the parkway to create a uniform setback distance and appearance. 5. Aboveground accessory equipment shall not: a, Obstruct line of sight requirements at intersections or driveways; b, Obstruct or hinder opening of vehicle doors; Draft Aboveground Utility Facilities Design Guidelines Page 10 Obstruct disabled access along public sidewalks to the extent that a minimum of four (4) feet clear sidewalk would not be maintained; do Interfere with any existing or proposed improvement projects. 7.3 Height ao The height of any replacement aboveground accessory equipment that are larger than existing or new aboveground accessory equipment, to be located adjacent to the front, side, or rear yards of residentially zoned properties may not exceed the permitted height of fencing as determined at the property line in residentially zoned areas. b, The height of any replacement aboveground accessory equipment that are larger than existing or new aboveground accessory equipment located in non-residential areas will be considered on a case-by-case basis. 7.4 Screening ao In residentially zoned areas, aboveground accessory equipment shall be enclosed or screened to match or complement surrounding features such as fencing, buildings, or landscaping. The use of a matching accessory equipment color or applied paint, texturing, or faux finishing, or other techniques shall be applied in accordance with manufacturer recommendations. b, The use of crash posts is discouraged. However, if shown to be necessary, the exterior finish of the crash post should be painted the color of the aboveground accessory equipment. ACcess openings shall face away from street frontages whenever feasible. 7.5 STANDARD CONDITIONS OF APPROVAL a, Noise emanating from an aboveground accessory equipment shall not exceed the City's adopted Noise Ordinance standards. b. The accessory equipment owner company shall file the accessory. equipment identification number, company name, person responsible for maintenance of the accessory equipment, and the phone number with the Draft Aboveground Utility Facilities Design Guidelines Page 11 Public Works Department. This information may be included in the comprehensive manual described in Section 7.1(c) of these guidelines. The aboveground accessory equipment shall not bear any signs of advertising devices (other than certification, warning, or other required .seals or signage). d,, Aboveground accessory equipment shall be constructed or treated with appropriate materials which discourage or repel graffiti and the accessory equipment owner shall be responsible for removing graffiti from accessory equipment within forty-eight (48) hours. Accessory equipment owners shall be responsible for costs associated with any necessary enforcement action related to graffiti removal. e, Any removal of landscaping necessary to install the aboveground accessory equipment shall be replaced with landscaping materials similar in number, type, and size as approved by the Directors of Community Development and ~ublic Works. The utility provider or accessory equipment installing entity shall be responsible for reconstruction of in-kind facilities within the Public right-of- way that are damaged or modified during installation of aboveground accessory equipment. g, Prior to installation, the' utility provider shall provide notification to adjacent property owners ,within a one hundred (100) foot radius indicating the type, location, and size of aboveground accessory equipment that will be installed and the estimated start and ending dates of construction. h, The aboveground accessory equipment shall be constructed of a material that will be rust resistant (i.e. stainless steel, etc.). The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust. SECTION 8' ABANDONMENT A aboveground utility facility and/or its accessory equipment is considered abandoned if it no longer in service or is in default pursuant to default provisions in any lease agreement, license, Right-of-way Agreement or any other applicable agreements or licenses. A written notice of the determination of abandonment by the City shall be sent or delivered to the Grantee. The Grantee shall have ninety (90) days to remove the facility at the Grantee's sole cost and expense or provide the Community Development Draft Aboveground Utility Facilities Design Guidelines Page 12 Department with evidence that the use has not been discontinued. Such removal shall be in accordance with proper health and safety requirements. If the use .of the aboveground utility facility and/or its accessory equipment is discontinued for any reason, the Grantee shall notify the City of Tustin in writing no later than thirty (30) days after the discontinuation of use. Aboveground utility facilities and their accessory equipment that are no longer being used shall be removed within ninety (90) days after the discontinuation of use. Such removal shall be in accordance with health and .safety requirements. All disturbed areas shall be restored to original conditions at the Grantee's expense. If the facility is not removed within the required ninety (90) day period, the City shall be entitled to remove the facility at the Grantee's sole cost and expense..The Grantee shall execute such documents of title to convey all right, title, and interest in the abandoned aboveground utility facility and its accessory equipment to the City. SECTION 9' LEASE AGREEMENT OR LICENSE All persons wishing to construct, attach, install, operate, maintain, or modify a aboveground utility facility and its accessory equipment on public property, exclusive of the public right-of-way, in which the City has ownership, easement, leasehold, or any other possessory interest after approval of a Design Review application shall obtain a Lease Agreement or License and any other approval required under these guidelines..A lease Agreement or License shall be subject to approval of the City Attorney's office and the City-Manager's office as to the specific terms and conditions required. \\COMM_DEV~VOL1'tSHARED\CDD-RDA\CDD\PCRESOS~775.doc