HomeMy WebLinkAboutReso 1988-13403 RESOLUTION NO. 13403
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEFERRAL OF AN
UNDERGROUNDING REQUIREMENT FOR OVERHEAD WIRES
AT 72 WALNUT DRIVE, APPROVING AN AGREEMENT
WITH THE CHULA VISTA CONGREGATION OF JEHOVAH'S
WITNESSES NOT THE PROTEST THE FORMATION OF AN
UNDERGROUNDING DISTRICT, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the Chula Vista Congregation of Jehovah's
Witnesses has applied for a building permit to construct a church
at 72 Walnut Drive, and
WHEREAS, the City Code requires that all structures and
buildings being constructed within the property shall have all
electrical, communication, distribution and service wires and/or
cables placed underground, and
WHEREAS, the owners have requested a deferral of the
undergrounding requirements and according to Chapter 15.32 of the
Municipal Code, that request must be considered by the City
Council at a public hearing, and
WHEREAS, the Council held a public hearing on January 5,
1988 and based on the following findings recommends a deferral of
the undergrounding:
1. Extraordinary conditions exist to the extent that
enforcement of this subsection would result in
unnecessary hardship to the owner or utility company.
Enforcement of the requirement to convert the
overhead lines would add 15% to 28% to the estimated
cost of the church. Since much of the construction
is being accomplished by volunteer help, these
dollar percentages are actually higher, but
undetermined.
2. Such a deferral will not, under the circumstances of the
particular case, be detrimental to the health, safety or
general welfare of the neighborhood.
Inasmuch as the overhead lines have been in place
since Woodlawn Park Subdivision was developed (the
map was approved in 1910), allowing them to remain
until an undergrounding district is formed will not
be detrimental to the general welfare of the
neighborhood.
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WHEREAS, based on the findings, it is staff's opinion
that the benefits derived from enforcing the undergrounding
requirements would not outweigh the cost and a deferral in this
case will not be detrimental to the health, safety or general
welfare of the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the deferral of an
undergrounding requirement for overhead wires at 72 Walnut Drive.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does hereby approve that certain agreement between
the City of Chula Vista and the Chula Vista Congregation of
Jehovah's Witnesses, dated the 5th day of J~n,,~rv , 1988 ,
not to protest the formation of an underground u~ility district,
a copy of which is attached hereto and incorporated herein by
reference as if set forth in full.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he is hereby authorized and directed to
execute said agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
tor of D. Richard Rudolf, Assistant
Jo L
P ic Works City Attorney
3665a
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ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
JLA VISTA, CALIFORNIA, fhis 5th day of January
19 88 , by the following vote, to-wit:
AYES: Counci]members McCandliss, Nader, Moore, Cox
NAYE$: Counc] ] members Malcolm
ABSTAIN: Counci lmembers None
ABSENT: Counci 1 members None
~Visto
. City ,C erk
,TE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the obove ond foregoing is 0 full, true ond correct copy of
RESOLUTION N0. 13403
,and thor the some hos nor been omended or repeoled
DATED
Cify Clerk
CI1Y OF
CHULA VISI'A
CC-G60