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Lake Forest City Zoning Code

CHAPTER 9

166 CABLE SYSTEM POWER SUPPLY FACILITIES DESIGN AND PLACEMENT

§ 9.166.010 Purpose of chapter.

The purpose of this chapter is to provide requirements and guidelines that will be used to regulate the placement and design of a cable system power supply facility as defined in this chapter in order to reduce the potential for negative impacts on the community and to protect the health, safety and/or welfare of the citizens of Lake Forest.
(Ord. 176 § 1, 2007)

§ 9.166.020 Applicability.

The provisions of this chapter shall apply to all power supply facilities that are constructed, installed or modified following the effective date of the ordinance codified in this chapter, except the following:
A. 
A power supply facility for which building permits, site development permits or encroachment permits were issued prior to the effective date until and unless such permit expires; or
B. 
A power supply facility that is deemed by the City Manager or designee to be temporary or nonpermanent; or
C. 
A power supply facility to the extent any regulations by the City of Lake Forest are preempted by State or Federal law.
(Ord. 176 § 1, 2007)

§ 9.166.025 Definitions.

For purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory.
"Director"
means, unless specifically indicated otherwise, the Director of Community Development, or designee.
"Major power supply facility" or "major facility"
means any power supply facility which is located in a single cabinet larger than 45 inches high, 27 inches wide, or 25 inches deep; or any power supply facility for which auxiliary equipment is located in multiple cabinets within 20 feet of each other.
"Minor power supply facility" or "minor facility"
means a power supply facility which is located in a single cabinet smaller than 45 inches high, 27 inches wide, and 25 inches deep.
"Power supply facility" or "facility"
means electrical equipment which generates, transforms or converts electricity used to provide primary or back-up power to a cable system or similar broadband communication system (such as a transformer, generator or other types of power converters or supplies).
(Ord. 176 § 1, 2007)

§ 9.166.030 Master plan required.

Following the effective date of the ordinance codified in this chapter, no power supply facility may be installed, constructed, relocated or substantially modified without the prior approval by the City Council of a master plan generally identifying all existing and proposed facilities.
A. 
The application for master plan approval shall indicate all power supply facilities owned or operated by the applicant which are known or reasonably anticipated within the City limits at the time of the application. The master plan may be submitted in the form of a map showing the City boundaries and generally spotting the location of proposed facilities within a 500 foot radius. Exact locations must be identified for existing facilities. Each facility identified in the master plan must be described as either "major" or "minor" and "existing" or "proposed." The master plan shall also indicate the proposed removal of existing facilities where applicable.
B. 
The Planning Commission shall review the proposed master plan and make recommendations to the City Council.
C. 
The City Council may approve a master plan with conditions at its discretion. The City Council may include such conditions of approval as appropriate to protect the public health, safety and welfare, including, but not limited to, requirements for gas shut-off valves and other safety factors. Any approval of a master plan shall not by itself constitute a vested right to install, construct, relocate or modify a facility.
D. 
Each facility that is installed, constructed, relocated or substantially modified following the effective date of the ordinance codified in this chapter shall require the approval of a site development permit.
E. 
Where a proposed facility is in conformance with the approved master plan, with any site development permit that may have been approved by the Planning Commission establishing approved prototypes of facilities, landscaping, or elevations, and with the mandatory location/design requirements established under Section 9.166.045, then the site development permit may be reviewed by the Director in accordance with the administrative review procedure established under Section 9.184.010 of this Code.
F. 
Where a proposed facility would require a substantial deviation from the approved master plan, or from any site development permit that may have been approved by the Planning Commission establishing approved prototypes of facilities, landscaping or elevations, then the site development permit shall be reviewed by the Planning Commission at a public hearing. However, the Planning Commission shall not approve such site development permit unless it finds that: (1) such facility, despite the substantial deviation for the approved plan, substantially conforms to the general location and conditions identified in the master plan; and (2) the total number of existing and proposed facilities does not exceed 10% above the total number of facilities identified in the master plan. Subject to the foregoing, the Planning Commission shall have the discretion to substitute a different type of facility as that identified in the master plan.
G. 
The Planning Commission shall have authority to approve, by site development permit, prototypes of facilities, landscaping, or elevations for facilities. Where the Planning Commission has approved a site development permit for such prototypes, then all facilities to be installed, constructed, relocated or substantially modified shall thereafter be in conformance with the master plan and the prototype site development permit or permits.
H. 
Any substantial modification or substantial amendment of the master plan shall be approved by the City Council.
(Ord. 176 § 1, 2007)

§ 9.166.035 Permits required.

A. 
No power supply facility may be installed, constructed, relocated, or substantially modified without the approval of a site development permit reviewed by the Director or the Planning Commission as provided under Section 9.166.030.
B. 
To the extent possible, the applicant shall request permits for all proposed site development permits at the same time in a coordinated application. Permits generally will not be granted for individual power supply facilities, and applications for a permit always require disclosure of information relevant to the coordinated design and location of all power supply facilities proposed in connection with the subject cable system.
C. 
Every power supply facility shall be constructed, located, operated and maintained at all times in compliance with these regulations and all applicable laws and regulations of the City of Lake Forest, the State of California, and the United States of America.
D. 
Applicants are required to apply for, obtain and comply with any and all applicable permits of the Building and Safety Division and/or Public Works Department of the City in conjunction with the installation and construction of the proposed facilities, including without limitation building permits and encroachment permits as applicable.
(Ord. 176 § 1, 2007)

§ 9.166.040 Application procedures for all power supply facilities.

Each permit application for a power supply facility shall provide the following information:
A. 
Name, address and telephone number of the applicant;
B. 
A site plan indicating all of the following:
1. 
Lot and parcel dimensions for each proposed location;
2. 
Location, size, height and description of all existing public and private improvements on the proposed location and all abutting properties within 20 feet of the proposed facility; and
3. 
The distance from the proposed location to the nearest intersection.
C. 
A brief narrative describing each individual type of power supply facility proposed, accompanied by technical specifications;
D. 
If applicable, a written description of the reason for relocating power supply facilities, and a summary of any material technical considerations or design constraints;
E. 
A written description demonstrating good faith effort in locating power supply facilities in accordance with location/design requirements and guidelines set forth in this chapter;
F. 
A written description demonstrating that the facilities are in conformance with the master plan, the prototype site development permit, if applicable, and the location/design requirements and guidelines set forth in this chapter; and
G. 
All other application requirements that may be required by the Director for the proposed application or other necessary applicable permits, including applicable fees.
(Ord. 176 § 1, 2007)

§ 9.166.045 Mandatory location/design requirements and regulations for all facilities.

Each of the proposed power supply facilities shall comply with all of the following requirements:
A. 
Any power supply facility that is located above ground on a flat landscaped area shall be enclosed in a cabinet that is screened from view on at least three sides by a berm, a wall and/or landscaping in a manner approved by the Director and, if located in the public right-of-way, by the Director of Public Works. For the purposes of this section, a "berm" shall mean an earthen slope from the highest point of the facility to the existing grade;
B. 
No power supply facility shall be located in either of the following locations anywhere within the City:
1. 
On a public or private sidewalk in such a way that the power supply facility restricts pedestrian access as determined by the City; or
2. 
On a public or private parkway between the curb and sidewalk.
C. 
Except for necessary gas meters, any and all accessory lines and equipment attached or appurtenant to the power supply facility, or other equipment associated with the operation of the power supply facility, shall be located within a building, enclosure, underground vault, or otherwise undergrounded in a manner that complies with the development standards of the zoning district in which such equipment is located;
D. 
The power supply facility shall be located to ensure adequate sight distance is provided per City standards in accordance with Standard Plans 1117 as adopted by the City of Lake Forest pursuant to Chapter 14.20 of this Code, and to the satisfaction of the Director of Public Works;
E. 
The maximum height of any new power supply facility shall not exceed 48 inches in height above existing grade measured from the highest point of the existing grade immediately adjacent to the facility;
F. 
Any portion of cabinet enclosing the power supply facility which is located above ground shall be painted in a matte finish or camouflaged to blend with the surrounding environment as approved by the Director and, if located within the public right-of-way, by the Director of Public Works;
G. 
Any portion of cabinet enclosing the power supply facility which is located above ground shall be covered with a clear anti-graffiti material of a type approved by the Director, and, if located within the public right-of-way, by the Director of Public Works;
H. 
Any removal of landscaping to install the power supply facility shall be replaced with landscaping of a similar type and size as approved by the Director, and, if located within the public right-of-way, by the Director of Public Works;
I. 
The power supply facility shall not bear any signs or advertising devices (other than certification, warning or other required seals or required signage);
J. 
The power supply facility shall comply with all conditions set forth in the site development permit and/or encroachment permit, if applicable;
K. 
The power supply facility shall comply with the requirements for undergrounding for the zone in which the power supply facility is located;
L. 
The power supply facility shall at all times meet the City's adopted noise standards for the zone in which it is located;
M. 
The power supply facility shall be located a minimum of 20 feet from the closest principal residential structure.
(Ord. 176 § 1, 2007)

§ 9.166.050 Design and location guidelines for all facilities.

For the protection of the health, safety and/or welfare of the citizens of Lake Forest, the following shall be considered by the City in connection with its processing of any application for a power supply facility:
A. 
A major power supply facility should be designed so that it blends into the surrounding environment or is architecturally integrated into a concealing structure and is screened or camouflaged by existing or proposed new topography, vegetation, buildings or other structures;
B. 
Any power supply facility should be designed so that the total size of the individual power supply facility is complimentary in style and scale with the surrounding or supporting structures in the area;
C. 
A major power supply facility should be architecturally compatible with adjacent and surrounding building(s) or incorporated into or behind entry signs/architectural hardscape, or other artificial features or structures; and
D. 
In residential zones, any power supply facility should be located at least 20 feet from the nearest above ground utility box or other power supply facility.
(Ord. 176 § 1, 2007)

§ 9.166.055 Land use/zoning district and location preference for all facilities.

The power supply facility should be located in the following order of preference with "1" being the most preferred land use/zoning district or location;
A. 
District Preference:
1. 
Industrial/business park zoning district;
2. 
Commercial zoning district;
3. 
Common areas/private property;
4. 
Residential zoning district;
5. 
Mixed-Use districts.
B. 
Locational Preference:
1. 
The power supply facility should be underground;
2. 
The power supply facility should be within sloped areas, existing vegetation, or buildings that provide the greatest amount of natural screening;
3. 
In industrial or commercial zones, the power supply facility should be collocated with other cable or utility facilities of similar or larger dimension; and
4. 
The power supply facility should be at least 20 feet from the nearest intersection as measured from the intersecting property line corners, and meeting all sight distance requirements.
(Ord. 176 § 1, 2007; Ord. 356 § 4, 2022)

§ 9.166.060 Fees.

Permits issued pursuant to this chapter shall be subject to the payment of fees as set by resolution of the City Council.
(Ord. 176 § 1, 2007)

§ 9.166.065 Variance.

Any request for approval of a power supply facility that does not meet the mandatory regulations of this chapter shall only be permitted if a variance in accordance with Section 9.184.010 of the Lake Forest Municipal Code is obtained.
(Ord. 176 § 1, 2007)