HomeMy WebLinkAbout36- Public Works Fi . _ No . 6 . 50
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ROGER G . HARDGRAVE Subject: Adoption of Revised Standard
Requirement No . 11 -- Under-
Dept: Public Vlorks/Engineering grounding Utilities by New
Developments
Date: 2-05-88 v.
It
Synopsis of Previous Council action:
06- 15-87 --- Resolution No . 87-189 adopted revising Standard Require-
ment No . 11 , relating to underqrounding of utility lines
by new developments .
09-21-87 --- City Engineer and City Attorney directed to prepare a
revision to the existing Standard Requirement No . 11 ,
relating to undergrounding utilities .
Recommended motion:
Adopt resolution .
cc : Ray Schweitzer
Jim Penman
Ann Siracusa
ure
Contact person: Roger G . H a r d g r a y e Phone: 5025
Supporting data attached: Staff Report & Resolution Ward: ALL
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
79-0262 Agenda Item No._Z41
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Standard Requirement No . 11 was revised by adoption of
Resolution No . 87 -189 . This resolution expanded and clarified
the intent of the requirement to underground utilities . Sev-
eral appeals were filed as a result of the more stringent
requirements .
In order to alleviate the opposition to the conditions
imposed by this resolution , direction was given at the Council
Meeting of 9-21-87 for a revision to be prepared that would
limit the impact of the requirement to underground utilities ,
by setting criteria on the area , proposed use and relationship
to the valuation of the development . Also , that it be legally
defensible .
The proposed resolution has been reviewed by the Legis-
lative Review Committee , and recommended for approval .
2-05-88
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING STANDARD
REQUIREMENT NO. 11 RELATING TO UNDERGROUND UTILITY LINES .
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
4 OF SAN BERNARDINO AS FOLLOWS:
5 SECTION 1 . Pursuant to San Bernardino Municipal Code
6 Section 18 .44 .070 , the following requirement for undergrounding
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utility lines is hereby adopted:
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"Standard Requirement No . 11
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A. REQUIREMENT FOR UNDERGROUND
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(1) All existing overhead utility lines including , but not
11 limited to electrical , telephone , cable television , and street
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light service , shall be placed underground , subject to the
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14 exemptions set forth herein .
(2) The requirement to underground shall apply to all
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16 utility lines traversing a development , or installed along either
side of the streets and alleys adjoining the development , except
17 for electrical lines in excess of 33 KVA or greater . Where one
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19 line is exempt , all parallel lines on that same pole shall be
20 exempt .
21 (3) (a) Any single lot development on an R-1 or R-2 zoned
22 parcel; or (b) Any single lot development of one acre or less
23 (net after dedications required as a condition of development) in
24 any zone , shall be exempt from this standard requirement . This
25 exemption shall. not apply where the requirement to underground
26 utilities is imposed as a condition for approval of a subdivision
27 map or parcel map.
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1 (4) The financial liability imposed by this standard
2 requirement shall not exceed 10% of the valuation of the project
3 as determined for building permit fees .
4 (5) Standard Requirement No . 11 shall not apply to the
5 remodeling of existing buildings where the cost of remodeling is
6 less than 50% of the replacement cost of the existing structure
7 as determined for building permit fees .
8 (6) Standard Requirement No . 11 shall apply to any project
9 for which a building permit has not been issued as of date of
10 this resolution .
11 B. PAYMENT FOR COSTS OF UNDERGROUNDING
12 (1) Arrangements , including payment of costs , shall be
13 made by the developer directly with the serving utility
14 company (s) . Undergrounding of utility structures may be done by
15 the developer , with permission from the serving utility.
16 (2) For developments with frontages of less than 300 feet ,
17 the Director of Public Works/City Engineer may accept a cash
18 payment from the developer , in lieu of immediate undergrounding
19 of the lines . Payments will be based upon a written estimate of
20 the short unit cost from the serving utility company (s ) , and will
21 reflect the development 's proportionate share of the estimated
22 cost for undergrounding the lines over the entire area adopted by
23 the Public Works/City Engineer pursuant to Section (C) (1) hereof .
24 Determination may be made b the Public Works/City Engineer at
Y Y Y 9
25 the time any application is made to pay fees pursuant to this
26 subsection .
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1 (3 ) A developer with a frontage of any length may elect to
2 enter into an agreement with the City to defer the undergrounding
3 until the utility lines along the frontage of one or more of the
4 adjoining parcels are undergrounded . Such agreement shall
5 require the cost of the undergrounding , as determined pursuant to
6 Subsection (B) (2) to be made in semi-annual payments over a
7 period of five years . Said agreement shall be secured by a bond ,
8 or security interest in the subject real property.
9 (4) A developer with a frontage of any length may petition
10 the City to establish an assessment district to fulfill the
11 requirement for undergrounding utilities . Prior to issuance of a
12 Certificate of Occupancy or Conditional Certificate of Occupancy
13 for any structure in the subject development , developer shall
14 have an assessment district in place or shall have made provision
15 for undergrounding pursuant to Sections (B) (1 ) through (3 )
16 hereof .
17 (5) In the event that property on the opposite side of any
18 street or highway from the property line along which
19 undergrounding is required is vacant , and a single set of poles
20 carry the overhead utility lines for both sides of such street or
21 highway, the developer shall pay fifty percent of the estimated
22 cost of undergrounding . When the vacant property is developed ,
23 the developer of such property shall , as a condition of the
24 issuance of building permits , be required to pay the remaining
25 fifty percent of the cost of such undergrounding . Where such
26 property is not vacant , or more than one set of poles carry
27 utility lines along the street or highway, developer shall pay
28 the full cost of undergrounding as required herein .
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1 (6) Any other provision herein notwithstanding , the entire
2 cost to underground street crossing lines shall be borne by the
3 property served by such crossing lines .
4 (C) DEPOSIT OF PAYMENTS
5 (1) All payments collected pursuant to this section shall
6 be deposited into a line item account for undergrounding
7 utilities . Separate accounts shall be maintained for
8 undergrounding in different geographic areas throughout the City,
9 the number and size of such areas shall be as determined by the
10 Director of Public Works/City Engineer .
11 (2) In no event shall the payments from developers on both
12 sides of the street exceed the total estimated cost for
13 undergrounding utilities along that section of street plus
14 reasonable costs of administering this section as established by
15 resolution of the Mayor and Common Council .
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a _ _ meeting thereof , held on the
19 -_ day of _ , 1988 , by the following vote ,
20 to wit :
21 AYES: Council Members
22
23 NAYS:
24 ABSENT:
25
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27 City Clerk
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Undergroundi_ng Utili es
1 The foregoing resolution is hereby approved this day
2 of -- -------- ---- , 1988 .
3
4 Mayor of the City of San Bernardino
5
Approved as to form
6 and legal content:
g city ttorney -
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