O 555
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ORDINANCE NO. 555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING ARROYO GRANDE MUNICIPAL
CODE SECTION 16.68.050 REGARDING UNDERGROUND
UTILITIES AND THE ESTABLISHMENT OF AN UNDERGROUND
UTILITY IN LIEU FEE
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, City desires to provide for an underground utility in-lieu fee as an option to
physically undergrounding utilities for certain specified smaller development projects in
instances where such immediate undergrounding is determined not to be necessary or
appropriate based on established criteria; and
WHEREAS, use of an underground utility in-lieu fee will better enable the City to concentrate
utility undergrounding in areas determined to be in most critical need of utility undergrounding and
in underground utility districts; 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 Council has reviewed the proposed Ordinance in compliance with the
California Environmental Quality Act (CEQA), the CEQA Guidelines and the City's Rules and
Procedures for Implementation of CEQA and determined that the proposed Ordinance is exempt
under Section 15273 and Section 15302(d) of the CEQA Guidelines.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as
follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Arroyo Grande Municipal Code Section 16.68.050. C. is amended in its entirety as
follows:
C. In-Lieu Fee - Reauired Approvals. On the basis of a formal written request, a fee may
be accepted in lieu of the required undergrounding of utilities as follows:
1. The underground utility in-lieu fee will only be available for residential development
projects that meet one or more of the following conditions:
a. There has been no undergrounding of utilities in the surrounding
neighborhood;
b. The projects property line is located at least three hundred (300) or more
feet from an underground utility district;
c. The undergrounding connection to the nearest utility pole will require the
applicant to underground utilities fifty (50) or more linear feet beyond the
project's property line;
d. The estimated cost of undergrounding for the project is more than twenty-
five percent (25%) of the estimated total cost of the project;
e. Subdivision projects of ten (10) or less parcels.
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ORDINANCE NO. 555
PAGE 2
f. Subdivision projects of more than ten (10) parcels may be eligible for
payment of an underground utility in-lieu fee based on a specific finding by
the approving authority that special and unique circumstances exist.
2. Underground utility in-lieu fees should be calculated per linear feet of each side of
the property with overhead utility lines.
3. Underground utility in-lieu fees shall be paid prior to issuance of the building
permit.
4. The approving authority of a discretionary land use application may approve
payment of an underground utility in-lieu fee, based on a recommendation from the Director of
Public Works and Director of Community Development.
5. The amount of the underground utility in-lieu fee shall be established by Resolution
of the City Council.
6. Underground utility in-lieu fees collected by the City shall be deposited in a
separate fund and shall be used solely for the planning, administration and implementation of
utility undergrounding.
SECTION 3: Arroyo Grande Municipal Code Section 16.68.050.F. is added as follows:
F. Exceotions. The undergrounding utility requirement may be waived by the approving
authority if it is determined that such undergrounding is entirely infeasible.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part 'thereof is for any reason held to be unlawful, such decision shall not affect
the validity of the remaining portion of this Ordinance or any part thereof. The City Council
hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection,
subdivision, paragraph, sentence, or clause be declared unconstitutional.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published and
circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at
which the proposed Ordinance is to be adopted. A certified copy of the full text of the
proposed Ordinance shall be posted in the office of the Director of Administrative
Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the
summary with the names of those City Council Members voting for and against the Ordinance
shall be published again, and the Director of Administrative Services/Deputy City Clerk shall
post a certified copy of the full text of such adopted Ordinance.
SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption.
On the motion of Council Member Dickens, seconded by Council Member Runels, and on the
following roll call vote, to wit:
AYES:Council Members Dickens, Runels, Lubin and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
The foregoing Resolution was passed and adopted this 13th day of July, 2004.
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- ORDINANCE NO. 555
PAGE 3
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TONY M. FERRARA, MAYOR
ATTEST:
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ET ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~RJ
S ADAMS, CITY MANAGER
APPROVED AS TO FORM:
~~~TTORNEY
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande. County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that the attached is a true, full, and
correct copy of Ordinance No. 555 which was introduced at a regular meeting of
the City Council on June 22, 2004; was passed and adopted at a regular meeting
of the City Council of the City of Arroyo Grande on the 13th day of July, 2004; and
was duly published in accordance with State law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of July. 2004.
UO/U2--
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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