RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAMARILLO APPROVING A WAIVER OF THE
REQUIREMENT TO UNDERGROUND EXISTING OVERHEAD
UTILITY LINES AND POLES, INCLUDING A WAIVER OF
UNDERGROUND UTILITY IN-LIEU FEES, LOCATED AT 535
HOUCK STREET
The City Council of the City of Camarillo resolves as follows:
SECTION 1: General Findings. The City Council of the City of Camarillo finds and declares as follows:
A. Everett Scofield of Lauterbach & Associates Architects, on behalf of Pleasant Valley Recreation and Parks District (PVRPD) applied for administrative approval to construct a Pickleball Court complex at the northwest corner of the intersection of Houck Street and Skywave Drive. The administrative approval for the proposed development has triggered the undergrounding requirement of the Camarillo Municipal Code (CMC), §13.08.140.
B. PVRPD has requested that the requirements of CMC §13.08.140 be waived as allowed by CMC §13.08.160.
SECTION 2: Environmental Review. The City Council has reviewed the request for compliance with the California Environmental Quality Act (CEQA) and finds that the requested waiver to utility undergrounding is not subject to CEQA review because it can be seen with certainty that there is no possibility that the waiver may have a significant effect on the environment.
SECTION 3: Waiver of Underground Requirements. The City Council, after reviewing the request submitted by the applicant for a waiver of the City’s undergrounding requirements set forth in Camarillo Municipal Code 13.08, has determined that a waiver of the requirement to undergrounding existing overhead utility lines and poles adjacent to the southerly property line and located in the northeast corner, including the waiver of an underground utility in-lieu fee is appropriate based on the following findings:
A. The proposed development provides a recreational service to the residents of the City of Camarillo and the strict application of the undergrounding of the overhead utility lines and poles would place an undue burden upon the development of the property.
B. The existing overhead utility lines and poles on the southerly property line do not serve the subject site.
C. The City Council is authorized to grant such relief where it is determined appropriate based on the unique characteristics and circumstances of the project and area.
D. The requirement to underground the overhead utility lines and poles on the southerly property line would cause disturbance to existing properties that are not under the control of the applicant.
Resolution No.
SECTION 4: Approval of a Waiver for Undergrounding Including a Waiver for Undergrounding In-lieu Fees. Based on the above findings, the City Council approves PVRPD’s request for a waiver of the undergrounding requirements and a waiver for payment of undergrounding in-lieu fees for the Pickleball Court complex project.
SECTION 5: Office of Record. The record of proceedings upon which this decision is based is located in the Department of Community Development, which is the record for the same.
SECTION 6: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 7: Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 8: Reliance on Record. Each and every one of the determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 9: Limitations. The City Council’s analysis and evaluation of this matter is based on the best information currently available. It is inevitable that in evaluating the matter that absolute and perfect knowledge of all possible aspects of the matter will not exist.
One of the major limitations on analysis of the matter is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.
Somewhat related to this are the limitations on the City’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 10: Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 11 Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 12. Effective Date. This Resolution is effective upon adoption.
Resolution No.
SECTION 13. The Mayor, or presiding officer, is hereby authorized to affix their signature to this Resolution signifying its adoption by the City Council of the City of Camarillo, and the City Clerk is directed to attest thereto.
PASSED AND ADOPTED August 28, 2024.
________________________________
Mayor
Attested to on _________________
_____________________________
City Clerk
I, Kristy Buxkemper, City Clerk of the City of Camarillo, certify Resolution No. __ was adopted by the City Council of the City of Camarillo at a regular meeting held ____, by the following vote:
YES: Councilmembers:
NO: Councilmembers:
ABSENT: Councilmembers:
__________________________
City Clerk