Report - City of Tustin
Report - City of Tustin
Report - City of Tustin
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Municode Page 1 <strong>of</strong>2<br />
PART 6 DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT<br />
OF WAY<br />
7260 PURPOSE AND FINDINGS<br />
7261 LEASE AGREEMENT REQUIRED<br />
7262 DESIGN REVIEWRE IUIREU<br />
7263 APPLICATION FOR DESIGN REVIEW<br />
7264 DESIGN REVIEW PROCESS<br />
7265 APPEALS<br />
7266TF<br />
RMIAGANDONMENT<br />
7260 PURPOSE AND FINDINGS<br />
The purpose<br />
<strong>of</strong> this Part 6 is to maintain asafe and aesthetically pleasing environment in the publicright <strong>of</strong> way and on<br />
<strong>City</strong> owned properties by regulating the location color screening and other aspects<strong>of</strong> aboveground utility facilities<br />
Aboveground utility facilitiescome in a variety <strong>of</strong>forms that include but are nat limited to cables wires conduits ducts<br />
pedestals and antennae to transmit receive distribute provide or <strong>of</strong>fer utility services Their accessary equipment typically is<br />
contained in enclosures cabinets artificial rocks or boxes to house a variety <strong>of</strong> uses such as controls for signals electronics<br />
and wiring for cabletelevision and telecamrTlunications or power sources Often these facilities are located aboveground on<br />
existing structures such as utility or light poles and have the tendency to proliferate to ensure user coverage Such proliferation<br />
can result in visual clutter blocking visibility to signs and other structures preventing accessfor the disabled distracting<br />
motorists travelling along the right <strong>of</strong> way and creating noise<br />
Reasonable regulations for locating the aboveground utility facilities and their accessory equipment are necessary to<br />
promote the health and aesthetic welfare <strong>of</strong> the people <strong>of</strong><strong>Tustin</strong> Reasonable compensation for permitting private use <strong>of</strong> public<br />
property and the publicright <strong>of</strong> way is also necessary to <strong>of</strong>fset theright <strong>of</strong> way maintenance costs<br />
Ord No 7232 Sec 212301<br />
7261 LEASE AGREEMENT REQUIRED<br />
No person shall place construct install own control operate manage maintain or use any aboveground utility facilities<br />
and their accessory equipment in above beneath or across any publicproperty exclusive <strong>of</strong> the publicright <strong>of</strong> way without<br />
first obtaining a Lease Agreement or License in accordance with the Design Guidelines Franchises and Right <strong>of</strong> Way<br />
Agreements for telecommunication facilitiesin the publicright <strong>of</strong> way are governed by State and Federal regulations and<br />
pertinent provisions <strong>of</strong>Chapter 7 <strong>of</strong> Article 7 <strong>of</strong>the <strong>Tustin</strong> <strong>City</strong> Code<br />
Ord No 1232 Sec 212301<br />
7262 DESIGN REVIEW REQUIRED<br />
No person shall place construct install awn control operate manage maintain or use any aboveground utility facilities<br />
and their accessory equipment without compliance with the Design Review requirements in <strong>Tustin</strong> <strong>City</strong> Code Section 9272 and<br />
with this Part6 This requirement applies to existing and future franchiseesand any other person who wishes to locate<br />
replacement or new aboveground utility facilities and their accessory equipment on public property and in the publicright <strong>of</strong><br />
way Aboveground utility facilities located within Redevelopment Project areas shall beconsistent with the respective<br />
redevelopment plans No Design Review approvals or any permits can be issued unless the Redevelopment Agency can make<br />
a finding <strong>of</strong> conformity<br />
Existing aboveground utility facilities and accessory equipment installed prior to the effective date <strong>of</strong>this ordinance shall<br />
not be subject to this requirement<br />
Ord No 1232 Sec 212307<br />
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