HomeMy WebLinkAboutReso 90-94 092490
RESOLUTION NO. 90- 94
A RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY, COUNTY OF RIVERSIDE,
CALIFORNIA ADOPTING THE MASTER UNDERGROUND
PLAN (M.U.P. ) AND ESTABLISHING A FEE TO FUND
THE IMPLEMENTATION OF THE M.U.P. , PURSUANT TO
CHAPTER 8.30, UNDERGROUND UTILITIES, OF THE
CATHEDRAL CITY MUNICIPAL CODE.
WHEREAS, the City Council has carefully reviewed the findings
made at the time of adoption of Chapter 8 . 30 of the Cathedral City
Municipal Code, and following the presentation of further evidence
herein finds that such findings remain valid and current, the City
Council determines that the findings contained in Section 8 . 30 . 010,
Declaration of Cause, of the Cathedral City Municipal Code are
proper reasons to adopt the Master Underground Plan, hereinafter
sometimes referred to as the "M.U.P. , " and to implement the
imposition of the development fees necessary to carry out the Plan;
and
WHEREAS, the City Council finds that Section 8 . 30 . 060,
Underground Fees, of the Cathedral City Municipal Code requires
that the City prepare an M.U.P. and adopt a fee to be imposed upon
all permits for new construction and development; and
WHEREAS, subsection (a) of Section 8 . 30 . 060 requires that the
fee amount shall approximate the cost of undergrounding all lines
designated in the M.U.P. within the city within a reasonable period
of time, in proportion to the individual project's impact and the
relative number of projects which may reasonably be expected to
contribute to such total cost; and
WHEREAS, all requirements of Cathedral City Municipal Code
Chapter 8 . 30, Underground Wires, including exceptions thereof,
collection of fees, and disbursement of funds, shall be met; and
WHEREAS, the City Council for the City of Cathedral City has
considered the matter at its regularly scheduled meeting of October
3, 1990; and
WHEREAS, the City Council has reviewed the information
submitted relative to compliance with the California Environmental
Quality Act, and is satisfied from all proofs received that the
project is categorically exempt;
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NOW THEREFORE, the City Council of the City of Cathedral City
does hereby find and determine as follows :
SECTION 1. The City Council does hereby find that there
is a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed because all uses
in the city, be it residential or non-residential, will gain by the
improved living environment of the undergrounding of existing
overhead utilities . Property values are increased and safety
hazards are removed. Further, the City Council has found that the
existence of utility structures above the ground is detrimental to
the general welfare of the city by its blight on the natural beauty
and aesthetic environment of the city, and the resulting
interference with the restfulness, tranquility and pleasure of city
residents in viewing the natural landscape of the city. The
underground installation, placement and construction of wires and
associated structures will enhance and preserve the natural beauty
and landscape of the city by keeping from public view such
functional but nonaesthetic facilities .
SECTION 2. The City Council does hereby find that there
is a reasonable relationship between the need for the public
facility, to wit: utility undergrounding, and the type of
development project on which the fee is imposed because all new
development in the city benefits from undergrounding the existing
overhead utilities throughout the city because the living
environment, property values, and public safety are all enhanced
equally. The City Council has found that the location of utility
structures above the ground surface makes them susceptible to
damage, destruction, and being rendered inoperable by weather or
human causation. This may result in services provided thereby to
be interrupted, the uninterrupted continuation of which is vitally
needed for the protection of the public health, safety and general
welfare, particularly life-saving institutions such as hospitals
and fire and law enforcement communication facilities . The
construction, placement and installation of said wires and
associated structures underground reduces the chances of such
interruption. Further, utility poles, wires and associated
structures could be a danger to fire suppression personnel and
street maintenance personnel, who, by reason of their jobs and
duties, may come in close proximity thereto, particularly when
using ladders, booms, and cranes . The construction, placement and
installation of such wires and associated structures underground
will substantially reduce said hazards .
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SECTION 3. The City Council does hereby find that there
is a reasonable relationship between the amount of the fee and the
cost of the public facility, or portion of the public facility,
attributable to the development on which the fee is imposed. This
is assured by spreading the project over a 30-year period, thus
spreading the costs through time. Further, since most of the
ultimate development of the city will be built in this time period,
the costs will be reasonably divided. Finally, a portion of the
undergrounding costs will be provided by existing development
through Redevelopment tax increments, General Fund sources and
Community Service charges, as well as through utility company
funding made available through regulatory proceedings from proceeds
realized from existing utility customers .
SECTION 4. Based on the staff report, the findings set
forth in this resolution, evidence presented at the hearing, and
the City Council 's review of the entire record of proceedings, the
City Council does hereby adopt its Master Underground Plan, dated
August 30, 1990, attached hereto as Exhibit A and incorporated
herein by this reference, and, further, does hereby establish the
underground utility fee as $0 . 15 per square foot of total floor
area (excluding garages, carports, patios and other ancillary
structures in residential uses ) of all new construction. The fee
is to be paid to the City prior to issuance of construction permit
except where deferral is specifically mandated upon the city by
state law, in which event full compliance with state law relative
to security for and payment of such fee shall apply. All such fees
shall be placed in a fund especially designated for underground
projects as approved by the City Council . The fee shall be in
place until all overhead lines as listed in the M.U.P. are
underground, or 30 years from the date of adoption, whichever comes
first, unless modified to meet changing future conditions .
SECTION 5. All funds received as a result of the
imposition of this fee shall be deposited, invested, accounted for
and expended pursuant to Government Code Section 66006 and
Cathedral City Municipal Code Chapter 8 . 30 . Any protests shall be
filed and processed in accordance with the procedures specified in
Government Code Sections 66008 and 66009 .
SECTION 6 . The City Council does hereby determine this
project to be categorically exempt under the provisions of the
California Environmental Quality Act, and hereby authorizes city
staff to file the appropriate documents evidencing such
determination.
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APPROVED AND ADOPTED THIS 3rd DAY OF October , 1990 .
01471/Li
MAYOR
ATTEST:
111111 . /
CI CLERK,
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
la, A.0
CITY ATTORNEY II Y MANAGER
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EXHIBIT A
August 30, 1990
MASTER UNDERGROUND PLAN
The following portions of existing overhead utility lines are to
be undergrounded within a 30-year period, depending on available
funding and technology. These overhead utilities are generally
listed in priority. However, the City Council may modify the
priority if circumstances dictate more effective timing of
underground projects :
Priority Line Section Voltage
1 Highway 111, Elk's area Low*
2 Highway 111, Tramview Low*
3 Highway 111, McDonald's Low
4 Cathedral Canyon, S. of Dinah Shore Low
5 Ramon Road, W. of Crossley Road Low
6 Ramon Road, E . of Date Palm Low
7 Ortega, W. of Date Palm Low
8 Avenida Maravilla, N. of Risueno Low
9 McCallum Way (cross street areas) Low
10 Baristo Road, E. of Landau Low
11 N. of Vista Chino-Wash/Camela Low
12 Corral Road, E. of Shifting Sands Low
13 DaVall, S . of Gerald Ford Low
14 Terrace Road, E . of Cathedral Canyon Low
15 Landau, Vista Chino to Verona Low*
16 Landau, Vista Chino to 30th Avenue Low*
17 Landau, 30th Avenue to Ramon Road Low*
18 Landau, Ramon Road to 33rd Avenue Low*
19 Avenida La Paz (Alley Poles) Low
20 Landau Boulevard, N. of Verona Road Low*
21 Date Palm, Dinah Shore to Converse High
22 Date Palm, Dinah Shore to 33rd Avenue High
23 Date Palm, Ramon Road to Vista Chino High
24 Date Palm, 33rd Avenue to Ramon Road High
25 Van Fleet, S . of "D" Street Low*
26 Van Fleet, N. of "D" Street Low*
27 Cathedral Canyon, "D" St. to Hwy 111 Low
28 Converse Road, E . of Date Palm Low/High
29 Vista Chino, Landau to Wash High
30 Landau, Vista Chino to 30th Avenue High
31 Landau, 30th Avenue to Ramon Road High
32 Landau, Ramon Road to 33rd Avenue High
*Indicates poles with dual low & high voltage service lines