HomeMy WebLinkAboutReso 1996-18428 RESOLUTION NO. 18428
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTAAPPROVING THE DEFERRAL OFTHE UNDERGROUNDING
OF OVERHEAD UTILITY LINES ON NAPLES STREET AND
DENYING THE DEFERRAL REQUEST FOR UNDERGROUNDING
OF OVERHEAD UTILITY LINES ON OXFORD STREET
WHEREAS, the property located behind the Price Club building on Broadway and
owned by Price Company (Parcel 4 of Parcel Map 12083) is planned to be developed; and
WHEREAS, as part of that development, the owner is required to underground the
overhead utilities adjacent to the property both on Naples Street and Oxford Street; and
WHEREAS, the owner has requested that the undergrounding requirement be deferred,
but prior to considering the request for a deferral, Council must first hold a public hearing; and
WHEREAS, in accordance with Section 15.32.070 of the Municipal Code, the Council
may grant the deferral if a) extraordinary conditions (cost-to-benefit ratio) exist to the extent
that enforcement of the conversion requirement would result in unnecessary hardship to the
owner or utility company; and b) the deferral will not be detrimental to the health, safety or
general welfare of the neighborhood; and
WHEREAS, the enforcement of the undergrounding on Naples Street would, in effect,
result in merely relocating two existing poles and the only gain would be the elimination of
two wires for a length of 125 feet; and
WHEREAS, staff feels the benefit-to-cost ratio in this case is very disproportionate and
imposing the undergrounding would result in little improvement to the existing visual clutter
of poles and wires and it is recommended that the deferral request for Naples Street be
deferred; and
WHEREAS, staff believes that the deferral request for Naples Street would not be
detrimental to health, safety or general welfare of the neighborhood; and
WHEREAS, in case of Oxford Street, the Municipal Code requires the undergrounding
of overhead utility lines adjacent to any property being developed with a length in excess of
600 feet (in the case of 12kv distribution lines) and the frontage of this parcel along Oxford
Street is 729 feet; and
WHEREAS, in addition, the Improvement Certificate on the parcel map requires that
the conversion take place upon development of Parcel 4 and the Oxford Street frontage is a
significant length and will be used as the major access point to, and most visible part of
Parcel 4 when developed; and
WHEREAS, staff recommends that the Oxford Street utilities should be placed
underground and the request for a deferral be denied.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve the deferral of the undergrounding of overhead utility lines on Naples Street
Resolution 18428
Page 2
and denying the defertel request for undergrounding of overhead utility lines on Oxford Street
based upon the findings contained in this Resolution.
BE IT FURTHER RESOLVED that said deferral for Naples Street be conditioned on the
applicant entering into an agreement with the City, approved as to form by the City Attorney,
to not protest the future formation of an underground district and to pay its fair share of the
undergrounding costs should either of the adjacent property owners underground their facility
without the formation of a district.
Presented by Approved as to form by
J P L~pp tt Ann Y. ~'~or
rks Director Acting City Attorney
Resolution 18428
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of September, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Hotton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
/ ,;.: z: ;' ';"" '
Shir~y Horton, Mayor
ATTEST:
Beverly AK. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18428 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 10th day of
September, 1996.
Executed this 10th day of September, 1996.
Beverly A. ~uthelet, City Clerk