HomeMy WebLinkAboutAgenda Statement 1980/07/15 Item 05a,b,c
COUNCIL AGENDA STATEMENT
Item
Sa,b,c
Meeting Date
7-1S-HO
ITEM TITLE:
a. Public hearing considering the establishment of Type B
Undergrounding Utility District #113, Lion Circle
b. Public hearing considering a request for a variance from
requirements for undergrounding existing overhead utilities
from Lion Ci rcle
c. Resolution /b/?3 Establishing Type B Underground Utility
District #113, Lion Circle
SUBMITTED BY:
City Engineer ~
On June 18, 1980, the Underground Utility Advisory Committee (UUAC)
adopted the proposed boundaries of the Lion Circle Type B District.
(4j5ths Vote: Yes_No~J
On June 24, 1980, by Resolution 10149, the City Council established July
15, 1980, as the date for the public hearing to determine whether public
necessity, health, safety or welfare required the formation of the Type
B Underground Utility District, Lion Circle.
On June 2, 1980, the developers of Villa San Miguel Subdivision
requested a waiver of the requirement to underground existing overhead
utilities along Lion Circle.
Section 15.32.040 of the Chula Vista Municipal Code specifies that a
public hearing be conducted prior to considering such a request for a
waiver. Notifi~ation of this public hearing has been made in accordance
with Section 15.32.070 of the Municipal Code. It is my
RECOMMENDATION: That Council:
1. Conduct both public hearings.
2. Deny the request for waiver and adopt resolution establishing
an underground utility district along Lion Circle.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
On June 2, 1980, the developers of Villa San Miguel Subdivision
submitted a request for the waiver of undergrounding requirements for
utilities along the entrance road to the subdivision.
The developer's request was based upon difficulties which they have
encountered in dealing with property owners along Lion Circle.
In part, the developer stated, "The undergrounding would require
excavation and improvement work on private property and would raise a
3 '
jO\C\ f 0 .:< .3 .1'/',
Form A~~.:-~9)
Continued
, L i-;i'---td~A-<A:.:_ Jj ~rYL~<-~~-;"'7T~ c/'- cZ -:A 4
/ , . /:~~/
'J ~,~ ;::: - '} c:- /,r-'
EXHIBITS
Agreement_____ Resolut1on~ Ordinance_____ Plat_____ Notification List
Other
ENVIRONMENTAL DOCUMENT: Attached
Submitted on
Page 2, Item 5a,b,c
Meeting Date 7-15-80
substantial likelihood of adverse claims being made and litigation
occurring. The subdivider would have to obtain necessary easements from
all affected land owners and would become subject to a multitude of
po s sib 1 e 'c 1 aim s ' wh 0 s ere so 1 uti 0 n m i g h t we 11 r e qui reI i t i gat ion. II
As a normal requirement for development under the Municipal Code, the
developer must convert existing overhead utilities to underground.
However, the Municipal Code does not require the undergrounding of
existing overhead services to other properties in this case.
On June 10, 1980, I submitted a report to Council. The report indicated
"... converting the facilities within the project boundaries will result
in an undesireable situation. Four or five new poles must be installed
to provide for the maintenance of existing overhead services to other
properties adjacent to Lion Circle between Hilltop Drive and the
westerly line of the subdivision proper. The undergrounding of this 630
foot long stretch of road would achieve a reduction of two poles along
with eliminating a small number of longitudinal wires."
As an alternative to granting a waiver, I suggested on June 10, 1980
that a Type B underground utility district encompassing Villa San Miguel
and properties obtaining overhead service from Lion Circle be
established. Council directed Engineering staff to begin work on the
establishment of an undergrounding district. The Underground Utility
Advisory Committee (UUAC) adopted the boundaries of the proposed
district on June 18, 1980. A Type B district is financed by the
developer as opposed to using the City's allocation from San Diego Gas &
Electric.
ALTERNATIVES:
There are four possible situations which could occur resulting from
Council action tonight. Following are the combinations:
1. Council approval of the waiver request and underground utility
district.
2. Council approval of the waiver request and denial of the
underground utility district. (DEVELOPER'S RECOMMENDATION)
3. Council denial of both the waiver request and the underground
utility district.
4. Council denial of the waiver request and approval of the
underground utility district. (STAFF RECOMMENDATION)
Combination number 1 would be contradictory and is obviously not a
viable alternative since the waiver would delete the obligation of the
developer to install the under grounding.
Combination number 2 would eliminate undergrounding along this portion
of Lion Circle.
10(9 3
Page 3, Item 5a,b,c
Meeting Date 7-15-80
,-
Combination number 3 would require a large expense by the developer by
requiring the removal of poles and wires along Lion Circle. However,
each service would require that poles be installed to monitor service to
the properties along Lion Circle and outside of the subdivision
boundary. This alternative is not recommended because the benefit
received by removal of the poles in Lion Circle (at a considerable
expense) would be offset by the installation of poles and lateral wires
to serve the homes along Lion Circle.
Combination 4, which we recommend, is for denial of the waiver request
and approval of the Lion Circle Underground Utility District. This
combination would result in all utilities being undergrounded. The
developer would not have to underground private services thereby
eliminating any conflict in that respect.
DISCUSSION OF CODE REQUIREMENTS:
Section 15.32.040 (Requirement-Waivers) states in part, "After
conducting said public hearing, the Council may defer the requirement of
this division after the Council finds from the evidence presented at the
hearing that all of the following facts exist:
A. That extraordinary conditions exist to the extent that
enforcement of this subsection would result in unnecessary
hardship to the subdivider or the utility company.
B. That such deferral will not, under the circumstances of the
particular case, be detrimental to the health, safety or
general welfare of the neighborhood."
I believe that if the district is NOT formed, then for reasons discussed
in this report, conditions exist that would result in an unnecessary
hardship to the developer.
If the district is not formed then I believe that leaving the pole lines
in place will not be detrimental to the health, safety, or general
welfare of the neighborhood.
CONC LUS ION:
Should Council, after hearing public input, consider said input to weigh
against the formation of the underground utility district and in favor
of the waiver, the waiver should be granted at the same time the
underground utility district is denied.
Should Council decide to establish the underground utility district,
City Engineer will subsequently submit to City Council a resolution
setting dates for property owners to be ready to receive underground
fac il i ties and removal of poles in accord~e-wtt.h. Chuta-vt sta.'ct ty
Code. 'tI...~ .
..t. W~ ~
the
FISCAL IMPACT:
Not applicable.
WAU:fpw/
JOlQ 3
7- ./~- ~
t ;';" c;
Cn' I-:~:!! of
C ~l U ! J \-' I J ....t , '-, ~ ~ : ; ,-', r i1 i 3
Dated _2:- I~-t-.O_____
'.
~--'" .
,. ~"
- - ,~..
.---- .;~.~l~.~
Office of
JENNIE M. FULASZ, CITY CLERK
City O~ ChuQa C\)igta
CALIFORNIA
Date:
July 28, 1980
To:
Vera Lyle
Recorder of San Diego County
Post Office Box 1750
San Diego CA 92112
Subject:
(XJ Resolution No. 10193 ( ) Ordinance No.
You will find enclosed a certified copy of the City Council
document approved at the meeting of
July 15, 1980.
PLEASE NOTE: ENCLOSED IS A STAMPED, SELF-ADDRESSED
ENVELOPE FOR RETURNING THE RECORDING NUMBER TO US
RI GHT AWAY. THANK YOU.
'0'ZCV ~.
JENNIE M. FULASZ, CMC
City Clerk
Enclosures
STAR NEWS: Pie.Me. pu.bwh tfUh doc.ume.nt on
and .6e.nd u..6 a c.opy 601r.. OWl. OJu:iina.nc.e. Book..
(xxx RECORVER: Pie.Me. /te.c.olLd Mud doc.ume.nt and /te.tWtn a to u..6 at YOWl.
e.altiie..6t c.onve.nie.nc.e..
A.t6 0 e.nc..to.6 e.d ,i.6 the. ORI GI NAL c.opy 06 the. ag/te.e.me.nt. P ie.M e. have. li
exec.u:te.d and /te.tWtn :to :thM, o 66,[c.e..
) OJ q 3
276 Fourth Avenue, Chu1a Vista, CA 92010
~()- 3 6--d3~)S~/
_.JUt 29 .
~~-,,~....
,-
(714)575-5041
CC-685(Rev.l0i79)