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HomeMy WebLinkAboutReso 1985-12188 RESOLUTION NO. 12188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING WAIVER FROM THE PROVISIONS OF SECTION 15.32.050 OF THE CHULA VISTA MUNICPAL CODE REGARDING UNDERGROUNDING REQUIREMENTS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Pacific Lighting Energy Systems requested a waiver of the requirement to place telephone and power lines underground at the Otay Landfill for the following reasons: 1. Undergrounding the lines would create a hazard. The power lines are 12KV and would be subject to damage by heavy equipment working the landfill operations. 2. The proposed power lines, if installed overhead, would not be visible from any development in the area. 3. The cost of undergrounding approximately 1/2 mile of utility lines would be prohibitive; and WHEREAS, the City Council has held a public hearing on October 1, 1985 to consider the request for a waiver of undergrounding requirements by Pacific Lighting Energy Systems, and WHEREAS, after hearing all testimony, it has been determined that because of the extraordinary conditions existing at said location, a waiver of undergrounding requirements would be justified based upon the following reasons: 1. That extraordinary conditions exist to the extent that enforcement of this section would result in unnecessary hardship to the owner or the utility company. 2. That such 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 waiver from the provisions of Section 15.32.050 of the Chula Vista Municipal Code regarding undergrounding requirements at the Otay Landfill by Pacific Lighting Energy Systems. Presented by Approved as to form by ~v,~ v~ 'ppitt, Director of ~l~rles R. Gill, Assistant ~ublic Works/City Engineer City Attorney 0835a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1st day of October 19 85 , by the following vote, to-wit: AYES: C0unci]members McCandliss, Cox, Malcolm, Moore, Scott NAYES: Council members None ABSTAIN: Councilmembers None ABSENT: Council members None ~e City of Chula Vista ATT ~ '-- 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 Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12188 ,and that the same has not been amended or repealed. DATED (secl) City Clerk CC-660 Please Return , ' 85-371321 P. O. ~x t087 RESOLUTION NO. 12188 ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY J~ CHULA VISTA APPROVING WAIVER FROM THE v~F, PROVISIONS OF SECTION 15.32.050 OF THE CH~L%~uNiy VISTA MUNICPAL CODE REGARDING UNDERGROUND~ REQUIREMENTS The City Council of the City of Chula Vista does hereby resolve as follows: NOFE~ WHEREAS, Pacific Lighting Energy Systems requested a waiver of the requirement to place telephone and power lines underground at the Otay Landfill for the following reasons: 1. Undergrounding the lines would create a hazard. The power lines are 12KV and would be subject to damage by heavy equipment working the landfill operations. 2. The proposed power lines, if installed overhead, would not be visible from any development in the area. 3. The cost of undergrounding approximately 1/2 mile of utility lines would be prohibitive; and WHEREAS, the City Council has held a public hearing on October 1, 1985 to consider the request for a waiver of undergrounding requirements by Pacific Lighting Energy Systems, and WHEREAS, after hearing all testim6ny, it has been determined that because of the extraordinary conditions existing at said location, a waiver of undergrounding requirements would be justified based upon the following reasons: 1. That extraordinary conditions exist to the extent that enforcement of this section would result in unnecessary hardship to the owner or the utility company. 2. That such 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 waiver from the provisions of Section 15.32.050 of the Chula Vista Municipal Code regarding undergrounding requirements at the Otay Landfill by Pacific Lighting Energy Systems. Presented by Approved as to form by John P. Lippitt, Director of <narles R. Gzll, Assistant Public Works/City Engineer City Attorney 0835a 2225 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1st day of October 19 85 , by the following vote, to-wit: AYES: C0unci]members McCandliss, Cox, Malcolm, Moore, Scott NAYES: Council members None ABSTAIN: Counci lmembers None ABSENT: Council members None /s/ Gregory R. Cox Mayor of the City of Chula Vista ATTEST/s/ Jennie M. Fulasz 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 Chulo Vista, California, DO HEREBY CERTIFY thor the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12188 ,ond that the some has not been amended or repealed. DATED October 2, 1985 (seal) ~,/ - City Clerk" CC-660