Report - City of Tustin

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Municode Page 1 of2 PART 6 DESIGN REVIEW OF ABOVEGROUND UTILITY FACILITIES ON PUBLIC PROPERTY AND IN THE PUBLIC RIGHT OF WAY 7260 PURPOSE AND FINDINGS 7261 LEASE AGREEMENT REQUIRED 7262 DESIGN REVIEWRE IUIREU 7263 APPLICATION FOR DESIGN REVIEW 7264 DESIGN REVIEW PROCESS 7265 APPEALS 7266TF RMIAGANDONMENT 7260 PURPOSE AND FINDINGS The purpose of this Part 6 is to maintain asafe and aesthetically pleasing environment in the publicright of way and on City owned properties by regulating the location color screening and other aspectsof aboveground utility facilities Aboveground utility facilitiescome in a variety offorms that include but are nat limited to cables wires conduits ducts pedestals and antennae to transmit receive distribute provide or offer utility services Their accessary 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 cabletelevision and telecamrTlunications 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 accessfor the disabled distracting motorists travelling along the right of way and creating noise Reasonable regulations for locating the aboveground utility facilities and their accessory equipment are necessary to promote the health and aesthetic welfare of the people ofTustin Reasonable compensation for permitting private use of public property and the publicright of way is also necessary to offset theright of way maintenance costs Ord No 7232 Sec 212301 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 publicproperty exclusive of the publicright of way without first obtaining a Lease Agreement or License in accordance with the Design Guidelines Franchises and Right of Way Agreements for telecommunication facilitiesin the publicright of way are governed by State and Federal regulations and pertinent provisions ofChapter 7 of Article 7 ofthe Tustin City Code Ord No 1232 Sec 212301 7262 DESIGN REVIEW REQUIRED No person shall place construct install awn 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 Part6 This requirement applies to existing and future franchiseesand any other person who wishes to locate replacement or new aboveground utility facilities and their accessory equipment on public property and in the publicright of way Aboveground utility facilities located within Redevelopment Project areas shall beconsistent 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 ofthis ordinance shall not be subject to this requirement Ord No 1232 Sec 212307 librarv municode cam urint aspx clientID 11307 HTMRequest http 3a 2fro o2flibrary l 209 2010
Municode Page 2 of2 7263 APPLICATION FOR DESIGN REVIEW An appficant shall submit a plan ofthe proposed location of all aboveground utility facilities including their accessory equipment located in cabinets enclosures or boxes to the Director ofCommunity Development Director Information shall also be provided as to the dimensions proposed colors screening materials noise levels andwhether there will be interferencewith the public radio system anticipated The applicant shall pay afee to cover the anticipated staff time to review and process the application as established by the City Council for a Design Review application Ord No 1232 Sec272307 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 sconsideration of the Design Review The Director may conditionally approve or deny the application Amendments to the Plan shall bereviewed and approved by the Director concurrent with or prior to issuance ofan Encroachment Permit Lease Agreement or License as provided for in the Design Guidelines or Right of Way Agreement as defined in Chapter 7 ofArticle 7 ofthe Tustin City Code The aboveground utility facilities and their accessory equipment must be installed pursuant to the approved Plan The noise generated from theaboveground utility facilities including their accessory equipment shall comply with the City s noise regulations Ord No 7232 Sec 27230 7265 APPEALS Any person may appeal any decision ofthe Director in accordance with Section 9294 of this Code Ord No 7232 Sec 272307Ord No 736Sec 7617 1T 09 7266 TERMIABANDONMENT a An aboveground utility facility is considered abandoned if it no longer provides service Ifthe use of the facility is discontinued for any reason the operator shall notify the Gity 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 nolater 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 orthe publicright of way Ord No 7232 Sec 272307 hitpa library municode coin print aspx clientID 11307 HTMRequest http 1o3a 2I 2llibt inunic 12 092110
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ITEM 6 Report to the Planning Commi
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I r l DR09 033 December 14 2010 Pag
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l I i J I i I DR09 033 December 14
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DR09 033 December 14 2010 Page 7 Ex
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DR09 033 December 14 2010 Page 9 sa
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DR09 033 December 14 2010 Page 11 C
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DR09 033 December 14 2010 Page 13 C
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ATTACHMENTA Location Map
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ATTACHMENT B Land Use Fact Sheet
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ATTACHMENT C Submitted Plans
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Site Selection The proposed siteTMo
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Exhibit 1 Alternate locations map f
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O O Le O Q L Q N V 1 L 3 gin e 0 H
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Ms Monica Moretta August 11 2010 Pa
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Dear Mr Swiontek October 20 2010 Th
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Letters of Support
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Swiontek Ryan From Sent To Cc Subje
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Swiontek Ryan From Sent To Subject
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Letters of Opposition
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Petition to Protect Cedar Grove Par
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Petition to Protect Cedar Grove Par
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Swiontek Ryan From Jennifer Wierks
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Cell Towers continuously emit RF EM
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Tustin CA 92782 715 573 9938 skomoC
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2 Playground equipment and picnic a
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F 4 the costly and imported eucalyp
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6 5 The City Retains Power to Deny
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J inATWireless PCS v Ciry Council o
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Page X10 Thus residents are justifi
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Page 81 and 82: Exhibit 1 Petition to Protect Cedar
Page 83 and 84: Number Name Email Comments Address
Page 85 and 86: 98 Mitch King kingimC yahoo com 99
Page 87 and 88: 194 MARGARET BURNETT Completely NOT
Page 89 and 90: 284 Junia Martinson 285 Ann Lew 266
Page 91 and 92: 363 Al 8eerdsen 364 Tanya Zaverl No
Page 93 and 94: 422 jacklyn huang stop the tower 42
Page 95 and 96: Number Name Email Comments Your Zip
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Page 100 and 101: ATTACHMENT E Information Pertaining
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Page 104 and 105: in keeping with the majority of the
Page 106 and 107: Htunan Exposure To Radio Frequency
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Page 110 and 111: 112010 WHO Electromagnetic fields a
Page 112 and 113: 112010 WI 10 Electromagnetic fields
Page 114 and 115: RESOLUTION NO 4163 A RESOLUTION OF
Page 116 and 117: Resolution No 4163 DR09 033 Page 3
Page 118 and 119: Resolution No4163 DR09 033 Page 5 C
Page 120 and 121: Exhibit A Resolution No 4163 Page 2
Page 128 and 129: RESOLUTION NO 01 95 A RESOLUTION OF
Page 130 and 131: Resolution No01 95 Page 3 G That it
Page 132 and 133: EXHIBIT A DESIGN GUIDELINES FOR ABO
Page 134 and 135: Exhibit A of Resolution No01 95 Pag
Page 136 and 137: Exhibit A of Resolution No 01 95 Pa
Page 142 and 143: Exhibit A of Resolution No 01 95 Pa
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Report - City of Tustin

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