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HomeMy WebLinkAboutOrd 850 ORDINANCE NO. 850 AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL CITY, CALIFORNIA, AMENDING SECTION 8.30.020 [DEFINITIONS] AND SECTION 8.30.100 [APPEAL] OF CHAPTER 8.30 [UNDERGROUND WIRES] OF TITLE 8 [BUILDINGS AND CONSTRUCTION] OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE WHEREAS, the City Council of the City of Cathedral City understands that application of Chapter 8.30 may be impractical in some cases; and WHEREAS, the City Council desires and deems it to be in the public's best interest to establish a procedure in which a developer may pay a fee in lieu of underground installation requirements provided in Chapter 8.30. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS: SECTION 1. AMENDMENT OF MUNICIPAL CODE Section 8.30.020 and Section 8.30.100 of Chapter 8.30 of Title 8 of the Cathedral City Municipal Code is hereby amended to read as shown in Exhibit "A". SECTION 2. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. SECTION 3. CEQA This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it is merely the formation of an organization. (14 Cal. Code Regs. § 15378(a).) The Ordinance is also exempt from CEQA because it is an organizational or administrative activity of governments that will not result in direct or indirect physical change in the environment. (14 Cal. Code Regs. § 15378(b)(5).) SECTION 4. EFFECTIVE DATE This Ordinance shall become effective thirty (30) days from and after its final passage. 1 I SECTION 5. PUBLICATION The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c). SECTION 6. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law. INTRODUCED at the regular meeting of Cathedral City City Council on the 10th day of March, 2021. PASSED, APPROVED AND ADOPTED at the regular meeting of Cathedral City City Council on the 24th day of March, 2021 by the following vote: AYES: Councilmembers Ross, Lamb and Carnevale; Mayor Pro Tem Gutierrez and Mayor Gregory NOES: None ABSENT: None ABSTAIN: None itInqgry, Mayor ATTEST: Q-natkkj_..4 Tracey R. Martinez! City Clerk C APPROV ' S • • f Eric S. ail, City Attorney 2 EXHIBIT "A" TITLE 8 — BUILDINGS AND CONSTRUCTION Chapter 8.30 UNDERGROUND WIRES 8.30.020 Definitions. (a) "Arterial roadway" means an arterial, major and/or collector thoroughfare, which may or may not be listed in the General Plan. (b) "Community line" means the utility system that supplies service to the local lines or in some instances to the service lines. Community lines are within public rights-of-way or in easements adjacent to or within the public rights-of-way. In some instances they are affixed to regional transmission line structures. Community lines that provide electric service are energized at less than 35,000 volts. (c) "Infill Development(s)" means a lot, whether vacant or previously developed, of not more than one (1) acre, that is served by existing public infrastructure, the immediate environs of which are generally built-out, and upon which a residential development consistent with the City's R-1 zoning designation is proposed. (d) "Local line" means the utility system that supplies service to the service lines, and is located on public utility easements or on easements granted directly to the utility company upon privately- owned property which are adjacent to or coincident upon the rear or interior side property lines. Local lines that carry electric service are normally energized at less than thirty-five thousand volts. (e) "Lot" means any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map. (f) "Regional Transmission Line" means the utility systems that supply electric service to community lines and local lines and are energized at 35,000 volts or greater. The structures supporting regional transmission lines may in some instances carry local and community lines as well. (g) "Service" means the electric current, telephone signals and cable television transmission that are generated, produced, carried, and provided by the utility companies for the use and benefit of their customers and subscribers. (h) "Service lines" means the utility conductors that extend from the local line to the building, structure, or improvement which consumes or uses the service. 3 (i) "Utility structure" means all poles, wires and associated structures that provide electric, telephone, communication, and cable television service to users, customers, and subscribers. 8.30.100 In lieu fee for infill development. (a) The owner or developer of an infill lot, as defined in this chapter, may apply to the City Engineer to pay a fee, as may be established from time to time by resolution of the City Council, in lieu of actually undergrounding local lines as would otherwise be required under this chapter, if the infill lot is not adjacent to an arterial roadway, the undergrounding required by the power utility includes area outside the property boundary and are more than 200 lineal feet but less than 600 lineal feet. The City Engineer may additionally consider conditions that make undergrounding impractical if the proposed development will be income restricted by means of a recorded affordability covenant to persons of low or moderate income as defined under state law. (b) The fee shall be paid at or before issuance of a building permit for the lot and shall be deposited into the Master Undergrounding Plan fund under section 8.30.060. (c) The decision of the City Engineer may be appealed to the City Council in accordance with the provisions of section 2.04.100, except that a written notice of the appeal must be filed within 10 days of the City Engineer's decision. RIV#4840-0184-7520 v1 4