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HomeMy WebLinkAboutReso 1990-15807 RESOLUTION NO. 15807 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DEFERRAL OF THE REQUIREMENT TO UNDERGROUND UTILITY SERVICES AT 109 OAKLAWN AVENUE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the owner of the property at 109 Oaklawn Avenue, Diversified Builders Services, proposes to build a three-unit apartment at that site; and WHEREAS, the City Code requires that all utility services be converted to underground; and WHEREAS, the owner has requested a deferral of this requirement as provided for in Section 15.32.070 and the request must be considered by Council at a public hearing; and WHEREAS, the Council held a public hearing on August 21, 1990 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 several thousand dollars to the project and the benefit received would be little since all properties along this block are served from overhead lines. 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 1925, allowing them to remain until an undergrounding district is formed will not be detrimental to the general welfare of the neighborhood. WHEREAS, based on the findings, it is staff's opinions that the benefits derived from enforcing the undergrounding requirements do not outweigh the cost and disruption of the neighborhood caused by the work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby defer the requirement to underground utility services at 109 Oaklawn Avenue on the conditions that: Resolution No. 15807 Page 2 1. The Owners encumber title to the property with the covenant running with the land, and binding upon its successors in a form approved by the City Attorney, to underground the utility services without protest at such time as the City includes the subject property in an Undergrounding District; and 2. The Owners agree not to oppose the formation of an Undergrounding District, should one be formed some time in the future. This conditional deferral shall be valid only until the City causes an underground utility district to be formed which includes the subject property at which time the Owners shall underground their utility services in the manner then required by the City, without protest. This condition shall also constitute an independent promise if the deferral is accepted by the Owners. Presented by Approved as to form by P L Bruce M. Boogaard J n . i D of Public Works City Attorney Resolution No. 15807 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of August, 1990 by the following vote: AYES: Councilmembers: Malcolm, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None · COX~ ATTEST: e~evv/e~rly~. h e rk 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. 15807 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 21st day of August, 1990. Executed this 21st day of August, 1990.