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Resolution 13472CITY OF ALAMEDA RESOLUTION NO 13472 AMENDING RESOLUTION 11268 AND ESTABLISHING RULES, REGULATIONS, AND STANDARDS FOR INSTALLATION OF ABOVEGROUND EQUIPMENT AND ENCLOSURES WITHIN THE PUBLIC RIGHT -OF -WAY IN UNDERGROUND DISTRICTS FOR ALL UTILITY DISTRIBUTION SYSTEMS WHEREAS, the City of Alameda has granted two, non- exclusive cable franchises to provide cable television services to the citizens of Alameda; and WHEREAS, expert opinion has been received concerning whether or not it is feasible to underground active electronic devices and passive subscriber taps; and WHEREAS, the City of Alameda desires a standard approach to resolving issues that arise from placement of aboveground equipment associated with cable communications and other utilities; and NOW, THEREFORE, BENT RESOLVED that the Council of the City of Alameda hereby establishes a protocol for placement of aboveground equipment within the public right-of-way. BE IT FURTHER RESOLVED that regulations for the location and installation of aboveground equipment for both the cable communication and utility installations in underground areas are attached hereto as Exhibit A and are adopted as such. Exhibit A RULES, REGULATIONS, AND STANDARDS FOR INSTALLATION OF ABOVEGROUND EQUIPMENT AND ENCLOSURES WITHIN THE PUBLIC RIGHT -OF -WAY IN UNDERGROUND DISTRICTS FOR ALL UTTT,ITY DISTRIBUTION SYSTEMS Policy Statement It is the policy of the City of Alameda that all utility equipment permanently installed within the public right -of -way be installed flush to grade level. Variation from this policy may only be granted by the Public Works Director, or his/her designee, and will require a mitigation plan specific to each installation location. Definitions a. Pedestal: Generic teiui used in this document to mean any structure (e.g. utility box, vault, cabinet, etc.) that is installed above existing grade and is part of a communications or utility distribution system. Passive Pedestal: A pedestal that houses non- electrical devices, generally those below 35 volts. c. Flush Mount: A structure (e.g. utility box, vault, cabinet, etc.) that is installed so that the cover is flush with the surrounding grade. Siting Hierarchy General Summary: No aboveground utility equipment will be installed within the paved sidewalk or planting strip area. Equipment will not be installed so as to block sight angles for driveways, intersections or view corridors. Each installation location that has been approved for installation of Pedestals will have a plan for mitigation. Specific requirements shall be as follows: 1. All equipment will be flush mounted within the public right -of -way. 2. If Flush Mount is not feasible, Pedestals will be located at the back of sidewalk, on the perpendicular property line with a high - quality, camouflaged Pedestal. 3. If back of sidewalk on perpendicular property line is not possible, then back of sidewalk at the parallel property line with a high- quality, camouflaged Pedestal. 4. So long as no suitable location is possible at the back of the sidewalk, the Public Works Director may authorize installation within the planting strip, with strong mitigation measures. 5. At no time will equipment be installed so as to block sight angles for driveways, intersections or view corridors. Page 2 6 Each installation site where Pedestals will be located within the public right -of -way must have an approved mitigation plan for both shielding the equipment from view and for storm water runoff management. 7. Any new Pedestal will either be co- located within a three -foot radius of any other Pedestal, or it may not be located within 150 feet of any other Pedestal. 8. Nothing in this criteria will preclude a utility from arranging with property owners for location of Pedestals on private property. Permit Process Any utility installing a utility or cable communications system must submit an application for a Right -of -Way Permit and, where required, a Building Permit, to the Central Permit Office. Such application will, at a minimum, include an address and site plan drawn to a 1" =10' scale on 11"x17" or larger paper for each Pedestal location. Applicants are encouraged to request a pre - application meeting so that details of the penult process may be discussed. 2. For each location where a Pedestal is proposed, the applicant must provide evidence of having reviewed other installation possibilities and give justification for aboveground installation. Applicant will also have to provide evidence of having contacted adjacent property owners (including formal homeowner association if applicable), or provide a contacting plan, to obtain input prior to final location of the Pedestal and issuance of permit. 3. Applicant will be financially responsible for the Permit Processing Fee, as annually established by Council Resolution, and the cost of staff time to review and process the application and inspect the construction. 4. No work may commence until a permit has been approved and issued by Building Services. Permit Approval Conditions for Aboveground Pedestals When utilizing the Siting Hierarchy, Permittee will work with property owners in the placement of aboveground Pedestals and give the homeowners first choice of location. Where there is a formal homeowner association with rules that cover the grounds, that homeowner association will have first choice of location. 2. Equipment will be consolidated into as few cabinets and locations as possible. Cooperative agreements between utilities are encouraged for the co- location of equipment. Absent co- location, a Pedestal will not be located within 150 feet of another. 3. Pedestals containing emergency power supplies must be located a minimum of 20 feet from any residence, or shielded in such a manner to provide noise mitigation for adjacent dwellings. Page 3 4. Pedestals may not block any view corridors, including but not necessarily limited to the San Francisco Bay, San Leandro Bay, the San Leandro Channel and the Estuary. 5. Pedestals will not block the view from the front of a home or yard. The preferred location will be on the property line between two adjacent properties, in an area that does not cause it to stand out. 6. In conjunction with City staff, applicant will develop a mitigation plan for each Pedestal location. This mitigation plan will be a requirement for permit approval and may include various methods of screening, use of vegetation, or special color requirements. As required, preference on the folin rof mitigation will be given to the adjacent homeowner. Property Owner Notices and Involvement Applicant will hold publicized meetings with all homeowner associations well in advance of construction in the affected areas. 2. Applicant will send each affected property owner and occupant (if different from owner), for each proposed Pedestal location, notification by first class mail two weeks in advance of construction activity. The notice will explain the purpose of the construction and contain a physical description of the Pedestal, including a graphic presentation, the number of Pedestals per block, and proposed location. The notice will provide the name and contact information for the applicant's contact person to answer questions and address concerns. 3. Three days before construction, applicant will leave notice at each affected property advising of the commencement of construction, describing construction, and providing contact information. The contact and infolination point will be maintained throughout the construction process. Page 4 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18th day of June, 2002, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, and Ken - 4. NOES: None. ABSENT: Mayor Appezzato — 1. ABSTENTIONS: None. IN WI'1'NESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of June, 2002. Lara Weisiger, City City of Alameda