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Res 91-003RESOLUTION NO. 91-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ESTABLISHING CRITERIA FOR THE WAIVER OF THE REQUIREMENT FOR UNDERGROUNDING OF UTILITIES AND RESCINDING RESOLUTION NO. 90-117 WHEREAS, standards for utilities; and the City Council wishes to establish equitable the waiver of the requirement to underground WHEREAS, Section 17.08.190(E) of the Poway Municipal Code allows for the requirement for undergrounding existing utility connections by the City Council in accordance with criteria and provisions adopted by resolution of the City Council. NOW THEREFORE, BE IT RESOLVED that the Poway city Council adopts the following: Section I: Policy Concerninq Waiver of Requirement to Underground Utilities IT IS THE POLICY OF THE CITY OF POWAY THAT: ao The Director of Planning Services may grant a waiver from the requirement to underground utility service under any of the following circumstances: The development is a single-family home, or accessory structure, approved by Minor Devel- opment Review in the RR-A or RR-B4 zone (re- gardless of necessity of placing new poles); The development is a single-family home, or accessory structure, approved by Minor Devel- opment Review in an area of predominantly overhead service and new poles will not be added as a result of the service; The development is a single-family home, or accessory structure, approved by Minor Devel- opment Review and is located on the last lot to be developed in an area where all surround- ing properties are served by overhead lines; The requirement is to underground existing lines for a subdivision which creates no more than one additional lot and is in the RR-A or RR-B4 zone, or is in an area of predominantly overhead service. Resolution No. 91-003 Page 2 Ce De The requirement is to underground existing lines in conjunction with an addition of 750 square feet or more to an existing single-family home and the following conditions apply~ The property is in an area served by overhead utilities and it is unlikely that the utili- ties will be relocated underground in the foreseeable future, and; be Trenching required for the undergrounding would disrupt mature landscaping which would otherwise remain intact or would cross a paved street. The city Council may grant a waiver of the requirement to underground existing utility service for non-profit uses or where overhead service would substantially reduce environmental impacts associated with new utility service. Where less than 1,000 feet of overhead lines are to be undergrounded, the property owner shall have the option of paying an in-lieu fee to be established by resolution of the City Council. When a waiver from the requirement to underground utili- ties is granted, the following shall apply: The waiver does not apply to the service to the structure; lines between the structure and the nearest pole must be underground. If new poles are added, the closest pole to the structure must be at least 40 feet away unless it is located on a prop- erty line; Ail new service required in conjunction with a subdivision, whether on- or off-site, is required to be underground; Whenever a waiver is granted, whether by the Director of Planning Services or by the City Coun- cil, the property owner shall record a deed covenant agreeing not to oppose an undergrounding district and to pay. a pro rata share of future undergrounding costs. Resolution No. 91-003 Page 3 Upgrading of existing overhead facilities and additions of cable or lines to existing overhead utility poles by the utility shall be permitted overhead. The placement of additional poles will be considered by the City Council where it is determiend to be beneficial. Fe Upgrading and relocation of existing overhead electrical service to single-family homes shall be permitted to remain overhead except in conjunction with an addition of 750 square feet or more. Section II: Resolution 90-117 is hereby rescinded. APPROVED and ADOPTED by the City Council of the City of Poway, State of california, this 8th day ~f January, 1991. ATTEST: ~~'~'- ~/~ Marjorie ~K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) Ol~th, Mayor I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. 91~003 , was duly adopted by the city Council at a meeting of said City Council held on the 8th day of Janua~ , 1991, and that is was so adopted by the following vote: AYES: NOES: ABSTAIN: EMERY, HIGGINSON, MCINTYRE~ SNESKO, GOLDSMITH NONE NONE ABSENT: NONE Marjorie\ K. Wahlsten, City Clerk City of poway