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Report - City of Tustin

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Exhibit A <strong>of</strong> Resolution No01 95<br />

Page 3<br />

SECTION 4 PROCESS<br />

41 Application Process<br />

The <strong>City</strong> Manager or designee may accept a discretionary application for use <strong>of</strong><br />

public property and or public right <strong>of</strong> way for aboveground utility facilities and<br />

process the application in accordance with <strong>Tustin</strong> <strong>City</strong> Code Section 9272 related<br />

to the Design Review process At the <strong>City</strong> Manager ssole discretion a request<br />

to submit an application may be denied Authorization to submit an<br />

application<br />

does not commit the <strong>City</strong> to approve the proposed use<br />

Upon the application being found complete by the Community Development<br />

Director Director or designee using the criteria set forth in these guidelines<br />

and <strong>Tustin</strong> <strong>City</strong> Code Section 9272 the Director may approve conditionally<br />

approve or deny the application The Director reserves the right to or if required<br />

will forward any application to the Planning Commission and or <strong>City</strong> Council for<br />

consideration and action<br />

For projects located within redevelopment project areas a finding <strong>of</strong> conformity<br />

to the respective redevelopment plans shall be made concurrently or prior to<br />

consideration <strong>of</strong> the Design Review application No approvals shall be granted<br />

unless the Redevelopment Agency can make a finding <strong>of</strong> conformity<br />

Upon the approval <strong>of</strong> the application the Grantee shall obtain all applicable<br />

permits prior to installation <strong>of</strong> the aboveground utility facilities and their accessory<br />

equipment including but not limited to Lease License Right <strong>of</strong> Way Agreement<br />

under Chapter 7 <strong>of</strong> Article 7 <strong>of</strong> the <strong>Tustin</strong> <strong>City</strong> Code electrical permit building<br />

permit Encroachment Permit owner authorization and other required permits by<br />

the <strong>City</strong> or any other agencies such as Federal Aviation Administration FAA<br />

Federal Communication Commission FCC Public Utility Commission PUC or<br />

other County State or Federal agencies However existing franchises or<br />

agreements need not be reconsidered by the <strong>City</strong> Council unless the franchise<br />

agreement requires such consideration<br />

42 Design Review<br />

a Design Review approval in accordance with <strong>Tustin</strong> <strong>City</strong> Code Section<br />

9272 shall be required prior to the placement construction installation<br />

operation establishment or modification <strong>of</strong> any aboveground utility<br />

facilities on public property and in the publicright <strong>of</strong> way<br />

b<br />

c<br />

A Design Review application shall be accompanied with a statement to<br />

indicate that the utility facilities will not interfere with the public safety radio<br />

equipment If interference occurs after the installation the utility providers<br />

shall take immediate action to eliminate the interterence and pay all<br />

associated fees for compliance<br />

Design Review approval shall remain valid for the term <strong>of</strong> the Lease<br />

Agreement<br />

or License and or Right <strong>of</strong> Way Agreement including any

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