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HomeMy WebLinkAboutAgenda Statement 1987/02/24 Item 7 COUNCIL AGENDA STATEMENT Item 7 Meeting Date 2/24/87 ITEM TITLE: Public Hearing to consider the request for a waiver of undergrounding requirements for Orange Tree Mobile Home Park Resolution //- "/" Approving a deferral of/ undergrounding it requirements for Orange Tree Mobile Home Park SUBMITTED BY: Director of Public Works/City En neer 91 REVIEWED BY: City Manager"W ,� (4/5ths Vote: Yes No X ) The Acquisition Association for Orange Tree Mobile Homeowners, Inc. recently filed a tentative map to subdivide the Orange Tree Mobile Home Park. One of the conditions of approval of that tentative map is to underground all existing overhead utilities onsite. The Association has applied for a waiver of the conversion requirement. In accordance with Section 15.32.130 of the City Code, this matter must be considered by Council at a public hearing. The City Clerk has set February 17, 1987, as the date for that public hearing. RECOMMENDATION: a. That the Council hold the public hearing and; b. Adopt a resolution approving a deferral in lieu of a waiver. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background The renters of spaces in the Orange Tree Mobile Home Park have formed an association to subdivide the property into a condominium in order to gain ownership of the spaces their mobile homes occupy. The tentative map was approved recently. One of the conditions of approval is the requirement to convert the existing overhead utilities within the property. The conversion entails the removal of six utility poles and placing approximately 1600 feet of power and telephone lines underground. (See Exhibit A. ) On October 1 , 1986, George W. Loxterman, representing the Acquisition Association for Orange Tree Mobile Home Owners, Inc. , applied for a waiver of the undergrounding requirements stating that, if imposed, the requirement would create a hardship on the mobile homeowners. Page 2, Item 7 Meeting Date 2/24/87 Section 15.32.070 of the Chula Vista Municipal Code provides for the City Council to vary from or defer the requirements of undergrounding if: a) enforcement of the requirements would result in undue hardship to the owners, and b) the deferral would not be detrimental to the health, safety or general welfare of the neighborhood. Findings With reference to Exhibit A, there are overhead lines running in a north-south direction through the property with two branches going east and west. This totals approximately 1600 linear feet of power and telephone lines. All individual services to the mobile homes are underground. The power lines are relatively small , carrying only 240 volts. They are not noticeable from Orange Avenue or Anita Street. There have been no estimates submitted of the costs of undergrounding the system. Upon contacting SDG&E, we were informed that it is a private distribution system and the conversion would have to be done under private contract with an electrical contractor. An added cost would be the addition of at least two street light standards, as two of the existing utility poles are providing support for the private street lighting. In a report by staff to the Planning Commission (November 19, 1986) , it was stated that 33% of the park tenants have low to moderate incomes. The costs to convert the overhead utilities would place an additional financial burden on these people. Conclusion Based on the findings contained herein, it can be concluded that the criteria set forth in the City Code are met. 1 . That the conversion would create a hardship on the space owners within the park; and 2. The deferral or waiver would not be detrimental to the health, safety or general welfare of the public. I recommend that the City Council grant a deferral rather than a waiver of the conversion requirements. A waiver would give the owners license to never pay for conversion even if a district was to be formed in the future. If a deferral or waiver is granted, it should be subject to the condition that the owners shall enter into an agreement waiving their right to protest the formation of an undergrounding district. The tenants, the Association, all utility companies and the owners of surrounding properties have been notified of this public hearing in accordance with the ordinances of the City. Slides and a transparency are available for Council viewing. FISCAL IMPACT: None. JWH:nr/PB-013 WPC 2600E t _ � CcvInr.!1 of Chula VisZa, California Dated '