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.
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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
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APPROV ' S • • f
Eric S. ail, City Attorney
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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.
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(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.
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