HomeMy WebLinkAbout04-02 CC Ordinance
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ORDINANCE NO. 04-02
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 CITY COUNCil OF THE CITY OF TEMECULA DOES ORDAIN AS FOllOWS:
Section 1. Section 15.04.090 is hereby added to the Temecula Municipal Code is
hereby amended to read as follows:
"Section 15.04.090. Undergrounding of Electrical and Telecommunication
Wires. All existing and proposed electrical, telephone, CATV, 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 2. Pursuant to California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects
of the proposed ordinance ("Project"). Based upon the findings contained in that Study, City staff
determined that there was no substantial evidence that the project could have a significant
effect on the environment and a Negative Declaration has been prepared. The City Council has
reviewed the Negative Declaration and all comments received regarding the Negative
Declaration and, based on the whole record before it, finds that: (1) The Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will
have a significant effect on the environment; and (3) the Negative Declaration reflects the
independent judgment and analysis of the City Council. Based on these findings set forth in
Section 1., the City Council hereby adopts the Negative Declaration prepared for the Project.
Section 3. If any sentence, clause or phrase of this ordinance is for any reason held
to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that
anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise
invalid.
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Section 4. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this 10th day of February, 2004.
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[SEAL]
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, do hereby certify that the
foregoing Ordinance No. 04-02 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 27th day of January, 2004, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10th
day of February, 2004 by the following vote:
AYES: 3
NOES: 0
ABSENT: 2
ABSTAIN: 0
COUNCILMEMBERS: Comerchero, Washington, Naggar
COUNCILMEMBERS: None
COUNCILMEMBERS: Roberts, Stone
COUNCILMEMBERS: None
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