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PC R 08-2065RESOLUTION NO. 08-2065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND MUNICIPAL CODE SECTION 16.68.050 (DEVELOPMENT CODE AMENDMENT 07-001) REGARDING UNDERGROUND UTILITIES WHEREAS, the City of Arroyo Grande ("City") requires the undergrounding of utilities as a condition of certain discretionary land use approvals, pursuant to Municipal Code Section 16.68.050; and WHEREAS, the entire community benefits from the enhanced safety, improved appearance and reliability of utility services which results from the orderly undergrounding of existing utilities and; WHEREAS, the City desires to provide for consistent formatting of the Municipal Code, provide clarification of the existing Code section, and to specify situations when utilities are required to be placed underground, when in-lieu fees can be accepted and when projects are exempt from both requirements, and; WHEREAS, the proposed changes to Municipal Code Section 16.68.050 will better enable the City to concentrate utility undergrounding efforts in areas determined to be in the most critical need of utility undergrounding and in previously established underground utility districts and; WHEREAS, the City Planning Commission held a public hearing on April 15 and May 20, 2008 to consider staff recommended changes to Municipal Code Section 16.68.50 and; WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed revision to the Municipal Code is consistent with the goals, objectives, policies and programs of the Economic Development, Circulation and Transportation Elements of the General Plan, especially ED4-1.2 (ensure comprehensive design guidelines pertaining to both public and private improvements), ED-6, (promote affordable housing) and CT4-2 (utilize the circulation system as a positive element of community design), and is necessary and desirable to implement to provisions of the General Plan. B. The proposed revision to the Municipal Code will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern since the proposed changes allows the City to better utilize in-lieu funds for placing utilities underground. C. The proposed revision to the Municipal Code is consistent with the purpose and intent of the undergrounding section. RESOLUTION NO. 4$ PAGE 2 D. The potential environmental impacts associated with the proposed revision to the Municipal Code are insignificant since they aid in the City's ability to underground utilities in an efficient manner. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council amend Municipal Code Section 16.68.050 regarding underground utilities. On motion by Commissioner Barneich, seconded by Chair Ray, and by the following roll call vote, to wit: AYES: Commissioners Barneich, Ray, Keen and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 20�' day of May 2008. ATTEST: _i � �� � �E'�L�G� � L N REARDON-SMITH CAREN RAY, �HAI SECRETARY TO THE COMMISSION �� COMMUNIT��VELbPMENT DIRECTOR r� � RESOLUTION NO. C'�'S'���� -�_ �> �'� PAGE 3 EXHIBIT "A" 16.68.050 Underground utilities. „ . A Purpose and Intent. The purpose of this section is to implement policies of the general plan by requiring new development to place existinq overhead utilities underqround or contribute to a fund that shall be used solely for the conversion of overhead utilities to underground utilities. These policies further the public health, safety and welfare by 1) increasinq the aesthetic appearance of residential, commercial and mixed use areas by avoidinq or eliminatinq the concentration of overhead service and distribution facilities 2) promotinq the safe and orderlv control of pedestrian and vehicular traffic alonq streets roads or rights-of-wav, and 3) providinq a coordinated and economical method of placing existinq utilities underqround. . , - -- � ��� . . . .. _ . . - B. Applicability. 1. Service Drops a All qrolects (discretionary or ministerial) that involve the addition of over 100 square feet of habitable space shall be required to place service connections underqround. b Service connections that require offsite work — If the cost of work to underqround off-site portion of the service connections as determined by standard construction estimation techniques by the Buildinq Official or Director of Public Works, is qreater than 25 percent of the overall cost of the proiect exclusive of utilitv underqroundinq, the City shall either waive the requirement to underqround the service connection or fund a portion of the cost sufficient to reduce the cost to less than 25 percent. 2. Utility Distribution Lines RESOLUTION NO. d � � PAGE 4 a. Unless otherwise exempted by law or the provisions of this section, the requirement to place utilities underqround shall applv to all final tract and parcel maps, conditional use permits and variances. Additionally, where permitted bv applicable law, the city council may reQUire the undergroundinq of utilitv lines as a condition of approval of an application for an extension of time for the above desianated proiect types. b.Underqround installation is required of all overhead electrical distribution lines of less than one hundred fifteen thousand (115,000) volts, utilitv service connections, telephone, cable television and similar service wires or cables which: i. Provide direct service to the property beinq developed; or ii. Are existing and located within the boundaries of the property beinq developed; or iii. Are existinq between the property line and the centerline of the adiancent streets of the propertv being developed; or iv. Are located along or within six feet of the front property line of the property to be develoqed. b. To the qreatest extent feasible, all underqroundinq of utilities shall preclude the installation of new poles. New poles shall not include the replacement of an existinq pole that the utilitv companv determines is in unsatisfactorv condition. �-, � . _. . . �- -_ . .. ._ -- .... .. . . � -- RESOLUTION NO. O�� Z �� �__ �. , PAGE 5 , _ C. In-Lieu Fee. On the basis of a formal written request to the approvinq authority, an in-lieu fee may be considered instead of the required underqroundinq of utilities for the followinq: 1. Proiects located within dulv established Underqround Utility Districts. 2. Tentative parcel maps if special and unique circumstances exist, as determined by the Planninq Commission or City Council, such as the presence of a disproportionate amount of wires and utilities on the property, which prevent an economicallv feasible conversion. 3 Infill mixed use proiects on an existinq lot less than 10,000 square feet in which the residen component consists s olelv of four or less rental apartments. 4 Upon the recommendation from the Director of Public Works or the Communitv Development Director that such requirement for underqroundinq would be detrimental to economic development affordable housinq or the provision of other public amenities or benefits. . , - _ .. .. .. . .. .. . ... .. D Reduced in-lieu fee For proiects that are eliqible for consideration of in-lieu fee as setforth in Section C above the approvinq authoritV may require the payment of a reduced fee totalinq between 10 percent and 50 percent of the standard fee for anv of the followinq: RESOLUTION NO. Q��Z O(,S PAG E 6 1. The cost of undergroundinq or the calculated in-lieu fee, �°°^°^+���°'�� separatelv will exceed 40 percent of the proposed proiect cost exclusive of underqroundinq, as determined bv standard construction estimation technipues bv the Buildina Official or Director of Public Works. 2. City initiated economic development and streetscape enhancement proiects authorized by the City Council. 3. Proiects providing affordable housinq units in excess of Citv requirements. ._ � - E. Calculation and collection of fees 1. Underqround utilitv in-lieu fees shall be calculated qer linear feet of each side of the property with overhead utilitv lines on or off of the qroiect propertv that would have been required to be placed underqround. 2. Underqround utilitv in-lieu fees shall be�aid prior to issuance of the final map or building permit. _ 3. The amount of the underqround utility in-lieu fee shall be established bv resolution of the Citv Council. 4. Underqround utility in-lieu fees collected by the City shall be deposited in a separate fund and shall be used solely for the planninq, desiqn administration and implementation of utilitY underqroundinq. _ . ��. . • � � F. Responsibility for Compliance. The applicant or owner is responsible for complying with the requirements of this section, and he or she shall make all necessary arrangements with the appropriate utility company for the installation of such facilities. When arrangements are made with the serving utility company, a letter stating that arrangements have been made for underground facilities and such other comments the utility company may have regarding easements, utility locations, and other pertinent matters must be submitted by the utility company to the City Engineer. Plans and specifications for such utility undergrounding shall be sized to accommodate other utilities and are subject to the approval of the City Engineer.