HomeMy WebLinkAbout04-012 CC Resolution
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RESOLUTION NO. 04-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA NOTIFYING THE COMMUNITY OF ITS
INTENTION TO ADOPT AN ORDINANCE REQUIRING THE
UNDERGROUNDING OF ELECTRICAL,
TELECOMMUNICATIONS, AND OTHER WIRES WITH A
CAPACITY OF CARRYING LESS THAN 34KV
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. On January 27,2004, the City Council of the City of Temecula introduced
Ordinance No. 04-02 entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING SECTION 15.04.090 TO THE TEMECULA MUNICIPAL CODE
RELATING TO THE UNDERGROUNDING OF EXISTING AND PROPOSED ELECTRICAL,
TELECOMMUNICATION AND OTHER WIRES CARRYING BELOW 34kV CAPACITY WHICH
PROVIDE DIRECT SERVICE OR IS ADJACENT TO PROPERTY BEING DEVELOPED." The
adoption of this proposed ordinance will be considered by the City Council at its meeting of
February 10, 2004 to be held in City Hall located at 43200 Business Park Drive, Temecula
California, at 7:00 p.m. or as soon thereafter as the matter may be heard
Section 2.
The text of said proposed Ordinance No. 04-02 reads as follows:
"Section 15.04.090. Undergrounding of Electrical and Telecommunication
Wires. All existing and proposed electrical, telephone, CAT.v, telecommunications, and
similar service wires or cables, carrying below 34kV capacity, which will provide direct service or
is adjacent to the property being developed, shall be installed underground within the exterior
boundary lines of such property. Utility service poles may be placed on the rear of the property
to be developed only for the purpose of terminating underground facilities. The developer or
owner is responsible for complying with the requirements of the utility companies for the
installation of such facilities. For the purposes of this section, appurtenances and associated
equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal
boxes and meter cabinets, and concealed ducts in an underground system, may be placed
above ground. The Planning Commission may, in its sole discretion and prior to the issuance of
the building permit for the project, waive all or part of the requirements of this section upon
making written findings that the topography or other physical condition of the property makes
compliance with the requirements of this section impossible or the cost thereof will exceed two
hundred percent (200%) of the normal and customary cost of undergrounding said wires on
property with an average grade of less than three percent (3%)."
Section 3. Pursuant to the requirements of Government Code Section 66474.2, the
requirements of Ordinance No. 04-02 shall apply to any parcel map, tentative map and other
land use application approved after the effective date of Ordinance No. 04-02. The Staff is
authorized, to the extent allowed by law, to apply the terms of the undergrounding requirements
set forth in proposed Ordinance No. 04-02 set forth above to any parcel map, tentative map, or
other land use application in which appropriate findings under applicable law can be made to
support the condition.
Section 4. The City Clerk is directed and authorized to publish this resolution in a
newspaper of general circulation within the City for one time on or before January 30, 2004.
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Section 5.
Council.
The City Clerk shall certify to the adoption of this Resolution by the City
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 27th
day of January, 2004.
ATTEST:
~ ~J\ ~'.~
~ " Micha . ag ar, Mayor
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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I, Susan W. Jones, CMC City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 04-12 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on this 27th day of January, 2004, by the following
vote:
AYES: 5
NOES: 0
ABSENT: 0
ABSTAIN: 0
COUNCILMEMBERS: Comerchero, Roberts, stone, Washington, Naggar
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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