HomeMy WebLinkAboutReso 1987-12890 RESOLUTION NO. 12890
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEFERRAL OF THE
UNDERGROUNDING REQUIREMENT FOR ONE POWER POLE
AND A MINOR LENGTH OF OVERHEAD WIRES AT 345
"K" STREET AND APPROVING THE AGREEMENT WITH A.
VASSILIADIS TO NOT PROTEST THE FORMATION OF AN
UNDERGROUND DISTRICT
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, A. Vassiliadis, the owner of the property at
345 "K" Street, has applied for a building permit for an
apartment complex, and
WHEREAS, 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, and
WHEREAS, the owner has applied for a waiver of
undergrounding requirements in that the adjacent neighbors
refused to allow SDG&E to set a power pole on their side of the
property line which prevented the owner from completing 100% of
the undergrounding, and
WHEREAS, the deferral requested is for one power pole
and approximately 2 feet of overhead transmission line on the
west side of the property, and
WHEREAS, the City Council has held a public hearing on
January 27, 1987 to consider the request for waiver of
undergrounding a portion of overhead transmission lines, and
WHEREAS, after hearing all testimony, in accordance with
Section 15.32.070 of the Code, it has been determined that a
deferral for one power pole and approximately 2 feet of overhead
transmission line on the west side of the property would be
justified based upon the following reasons:
1. Extraordinary conditions to the extent that
enforcement of Section 15.32.070 would result in
unnecessary hardship to the owner or utility company.
-1-
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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the deferral of the
undergrounding requirement for one power pole and a minor length
of overhead wires at 345 "K" Street.
BE IT FURTHER RESOLVED that the City Council does hereby
approve that certain agreement between the City of Chula Vista
and A. Vassiliadis, dated the 13th day of January, 1987, to not
protest the formation of an underground 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
~hn P. fipp{~t, Director of T~mas J. ~rron, City Attorney
~ublic Works/City Engineer
2442a
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 27~h day of ,~anuarv
19 87 , by the following vote, to--wit:
AYES: Councilmembers Hoore, Nader~ Halcolm~ Cox~ McCandliss
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
ABSENT: Counci 1 members None
Mayor City of Chum Vista
City
~'""-' Clerk ~
STATE 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 thor the above and foregoing is a full, true and correct copy of
RESOLUTTON NO. 12890
,and that the same hos not been amended or repealed.
DATED
City Clerk
O'IY OF
CHUI.A VISIA
CC-660
AGREEMENT BEll~EEN THE CITY OF CHULA VISTA AND
A. VASSILIADIS TO NOT PROTEST
THE FORMATION OF AN UNDERGROUND DISTRICT
THIS AGREEMENT, made and entered into this 27th day of
January 198~, by and between THE CITY OF CHULA VI~, a municipal
corporation, hereinafter referred to as "City", A. Vassiliadis hereinafter
referred to as "Property Owner";
W ITNESSETH :
WHEREAS, the City of Chula Vista has heretofore approved the request of A.
Vassiliadis owner of the property at 345 "K" Street for a deferral of
undergrounding requirements in accordance with Chapter 15.32 of othe Chula
Vista Municipal Code, and
WHEREAS, one of the conditions of the approval of said deferral was that
the Owner waive all rights to protest the formation of an undergrounding
district or any other similar proceeding to place the existing overhead
utilities underground.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as
fol 1 ows:
1. A. Vassiliadis owner of the property at 345 "K" Street does hereby
agree to waive all rights of protest against the formation of an undergrounding
district or any other similar proceeding to place the existing overhead
utilities underground.
2. This agreement shall be binding upon the heirs, assignees or
successors in interest of Owner.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first hereinabove set forth.
THE CITY DF CHULA VISTA PROPERTY OWNER:
Mayor Y o~ Ch~a Vista ~A.-V~ssiliadis-
. , to %
~/~~~ ~Acknowl edgment) City Attorney
CHU VI A
Individual AcKnowledgment
STATE OF CALIFORNIA
COUNTY OF,~ SS.
On January 13, 19 8 7 before me, the undersigned, a Notary Public in and for said
County and State, personally appeared
A. Vassiliadis
known to me to be the person__ whose name is subscribed to the within instrument and
acknowledged that h~ executed the same.
WITNESS my hand and official seal,
/Barbara J. ~llis SAN Dl[g~ C0U~TY
Notary Public in and for said County and State
NO. $45
I I ,~o
/~ 2' EXIS~ OVERHEAD MOWER LINE
I~ / TO BE DEFERRED
PROPOSEO POWER ~0~
~ 2/
il~i I
~THIS PORTION TO 8E UNDERGROUNDED 20
~ UP TO THE PROPOEEO POWER POLE
I
' K ' STREET- .. .
L. M. ~. DEFE~PAL U~DE~E~OUED/~ ~EOUEET
COUNCIL AGENDA STATEMENT
Item
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
Resol uti on/~.~7(? Approving the deferral of the
undergrounding requirement for one power pole and a minor
length of overhead wires
SUBMII-rED BY: Director of Public Works/City Engineer
Manager~ (4/Sths Vote: Yes No X )
REVIEWED
BY:
City
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.
RECOM/4ENDATION: 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
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.
Page 2, Item 12
Meeting Date~
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 16.32.O70 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,
he detrimental to the heal th, 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 agy
future undergrounding district and to participate in the district qn
the event such formation occurs.
FISCAL IMPACT: None.
DA:mag/PB- O14
WPC 2527E
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/ ~y t~e~ (~ity Council of
Chula Vista, California