HomeMy WebLinkAboutAgenda Statement 1987/01/27 Item 12 COUNCIL AGENDA STATEMENT
Item 12
Meeting Date 1/27/87
ITEM TITLE: Public Hearing to consider request for waiver of
undergrounding a portion of overhead transmission lines
through the property at 345 "K" Street
Resolution/ ( C Approving the deferral of the
undergrounding requirement for one power pole and a minor
length of overhead wires
SUBMITTED BY Director of Public Works/City Engineer
REVIEWED BY City Manager (4/5ths Vote: Yes No X )
The owner of the property at 345 "K" Street applied for a building permit for
an apartment complex. The City Code requires that all structures and
buildings being constructed within the property, shall have all electrical
service wires and/or cables placed underground.
The owner has requested a waiver of a portion of the undergrounding
requirements. According to Chapter 15.32 of the Municipal Code, that request
.,_ must be considered by the Council at a public hearing.
RECOMMENDATION: That the Council hold the subject public hearing and adopt
a resolution deferring a portion of the undergrounding requirements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Recently, Mr. Vassiliadis submitted plans to develop the property at 345 "K"
Street. He made an application for a building permit to construct an
apartment complex. In accordance with Section 15.32.050 of the City Code, the
owner is required to convert the existing overhead transmission wires within
the limits of the subject property to underground.
The owner has applied for a waiver of the undergrounding requirements, stating
s
that although he has no objection to complying with this requirement, a
problem surfaced in that the adjacent neighbors to the west refused to allow
San Diego Gas and Electric to set a power pole on their side of the property
line. Both properties are now served by one pole within the proponent' s
property. No utility easement is available in the adjacent property, and we
are advised that that owner is unwilling to grant one. This prevented the
owner from completing 100% of the undergrounding.
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Page 2, Item 12
Meeting Date 1/27/87
The deferral requested is for one power pole and approximately 2 feet of
overhead transmission line on the west side of the property. (See Exhibit A. )
Provisions called out in Section 15.32.070 of the Code allow for a deferral of
the undergrounding if all the following facts exist:
A. Extraordinary conditions to the extent that enforcement of this subsection
would result in unnecessary hardship to the owner or utility company.
B. Such a deferral will not, under the circumstances of the particular case,
be detrimental to the health, safety or general welfare of the
neighborhood.
Based on the findings, it has been determined that the benefits derived
from enforcing 100% of the undergrounding requirements would not outweigh
the cost. A deferral in this case will not be detrimental to the health,
safety or general welfare of the public.
Since it is remotely possible that future activity in this area could
justify undergrounding all overhead transmission lines as an overall plan,
we believe that the following recommendations are appropriate.
Recommendations:
1 . A deferral rather than a waiver be approved.
2. The applicant (owner)shall enter into an agreement with the City,
wherein he agrees to waive the right to protest the formation of any
future undergrounding district and to participate in the district in
the event such formation occurs.
FISCAL IMPACT: None.
DA:mag/PB-014
WPC 2527E
.y the City Council of
Chula Vista, California
Dated / -