May 21, 2024, Item #14
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
May 21, 2024
Honorable Mayor and Members of the City Counci IA
Robert Manis, Director of Development Services fAJ~
Sara Trunzo, Senior Civil Engineer
858-668-4622 or [email protected]
CITY COUNCIL
Underground Waiver (UW) 23-0002; a Request For a Waiver of the Requirement to Underground an Existing Overhead Pole and Utility Lines By Paying an In-Lieu Fee to Be Established By Resolution of the City Council
The owner and developer of a single-family residence, Nilesh Patel, has requested to pay an in-lieu fee to be determined by the City Council instead of undergrounding existing overhead utilities across his property at this time. The City of Poway staff has confirmed an in-lieu fee payment would be acceptable to defer undergrounding until undergrounding the entire system is feasible.
Recommended Action:
It is recommended the City Council adopt a resolution (Attachment A) to establish the in-lieu fee amount to be paid by the applicant for the deferral of the undergrounding requirements.
Discussion:
The proposed development consists of demolition of an existing single-family home and construction of a new single-family residence in the Residential Rural (RR)-C zone. The new single-family residence on Creek Road has been approved per Minor Development Review Application (MORA) 21-028. A standard requirement with a MORA is the undergrounding of any overhead utility lines spanning the property. Per the policy established by Resolution 91-003 (Attachment B), the project qualifies for a waiver of the requirements to underground utilities per Section I.C: "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." The total amount of existing overhead lines over the property is approximately 97 feet. This is a portion of overhead lines that also crosses two other parcels. There are no utility poles on this property.
After coordination with San Diego Gas & Electric (SDG&E), City staff was informed the ultimate underground service in the area will be connected from source lines along Creek Road fronting the property and neighboring properties instead of across the rear yard of the project and neighboring 1 of 10
May 21, 2024, Item #14
properties, where the current overhead lines are located. Mr. Patel is placing underground service lines along the frontage of his property as a part of the new single-familiy residence construction. City staff also worked with Mr. Patel and SDG&E on the removal of the existing overhead lines across this property. This would require the removal of an existing pole on the neighboring property to the northwest and the installation of a new pole near the southeast property line of Mr. Patel's property.
Access for SDG&E was a primary concern and ultimately, there was no acceptable design solution found.
For these reasons, staff supports the request of an in-lieu fee for the removal of the existing overhead lines within the subject parcel to be paid now. The paid fee will be kept in an account held by the City until the time the actual work to remove the overhead utilities is to be completed. The individual property owners are responsible for the removal costs associated with the portion of overhead lines spanning their property. The payment of the in-lieu fee does not absolve the property owner of the requirement to pay their pro rata share of the actual costs of the removal of the existing overhead transmission lines within the project property at the time the work is done. Since there are no overhead poles within the limits of the parcel, this may require the removal of adjacent pole(s) located offsite. The applicant has also signed a covenant agreeing not to oppose a future private or public utility undergrounding district and to pay their pro rata share of the actual removal costs of the existing overhead transmission lines within the property.
MORA 21-028 for this project has been approved with a condition the in-lieu fee determined by City Council be paid prior to building permit issuance for the residential structure. City staff recommends the fee to be paid should be the actual cost of the work if it were to occur presently, as calculated by the applicant's utility contractor per Attachment C. The amount calculated by this cost estimate is $9493.20 and the cost involves the removal of transmission lines within the property only, which entails the relocation of an overhead pole from the northwesterly to the southeasterly property boundary. A pole relocation will not be necessary when the scope of the project is to underground all overhead utilities across the rear yard of the project and neighboring properties. Attachment D shows the span of the existing overhead lines across the rear of three properties with the portion Mr. Patel is responsible for highlighted in blue.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
City to hold the in-lieu payment as a deposit under the Land Development Engineering Deposit In Lieu account: 305030-86900.
Public Notification:
A public notice was mailed to any property owners directly affected by the existing overhead transmission lines in the area.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2 of 10
May 21, 2024, Item #14
Attachments:
A. Resolution
B. Resolution 91-003
C. Cost Estimate
D. Overhead Utility Map
Reviewed/Approved By:
Wendy Kaserman
Assistant City Manager
3 of 10
Reviewed By:
Alan Fenstermacher
City Attorney
Approved/:
~ Chris Hazeltine
City Manager
May 21, 2024, Item #14
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ESTABLISHING AN IN-LIEU FEE
AMOUNT TO BE PAID BY THE APPLICANT FOR THE
DEFERRAL OF UNDERGROUNDING REQUIREMENTS FOR
MINOR DEVELOPMENT REVIEW APPLICATION 21-028,
ASSESSOR'S PARCEL NUMBER 320-020-19-00
WHEREAS, on January 26, 2024, City staff approved the Minor Development Review Application 21-028, a request for the demolition of an existing single-family home and construction of a new single-family residence;
WHEREAS, a requirement for developing single-family residences is to underground existing utility services;
WHEREAS, the applicant has instead requested to defer undergrounding and pay an in lieu fee pursuant to Resolution 91-003 Section I.C which establishes the criteria for the waiver of the requirement to underground utility services, adopted by the City Council on January 8, 1991; WHEREAS, the future underground service in the area will be connected from source lines along Creek Road;
WHEREAS, the total amount of existing overhead lines to be undergrounded on subject property is less than 1,000 feet;
WHEREAS, the applicant has signed and recorded a covenant on February 14, 2024 (Document number 2024-0038092) agreeing not to oppose a future private or public utility undergrounding district and to pay a pro rata share of the removal of the existing overhead transmission lines within the property;
WHEREAS, the payment of the in-lieu fee does not absolve the requirement to pay a pro rata share for the removal of the existing overhead transmission lines within the project property in the future;
WHEREAS, a cost estimate for the removal and replacement of existing poles calculated by the applicant's utility contractor was provided; and WHEREAS, the City Council has read and considered the agenda report for the proposed in-lieu fee, including the attachments.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows:
SECTION 1: That the foregoing recitals are true and correct and are the findings of the City Council.
SECTION 2: The City Council hereby establishes the in-lieu amount to be paid by the applicant for the deferral of undergrounding requirements as $9,493.20. 4 of 10
II
II
ATTACHMENT A
May 21, 2024, Item #14
Resolution No. 24-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Poway, California, on the 21st day of May, 2024 by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 10
May 21, 2024, Item #14
RESOLUTION
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,
the
City
Council
wishes
to
establish
equitable
standards
for
the
waiver
of
the
requirement
to
underground
utilities;
and
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:
Policv
Concerning
Waiver
of
Requirement
to
Underground
Utilities
6 of
10 IT
IS
THE
POLICY
OF
THE
CITY
OF
POWAY
THAT:
A.
The
Director
of
Planning
Services
may
grant
a
waiver
from
the
requirement
to
underground
utility
service
under
any
of
the
following
circumstances:
1. 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);
2. 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;
3. 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;
4 .
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.
ATTACHMENT
B
May 21, 2024, Item #14
7 of
10 Resolution
No.
91-003
Page
2 s.
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:
a.
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;
b.
Trenching
required
for
the
undergrounding
would
disrupt
mature
landscaping
which
would
otherwise
remain
intact
or
would
cross
a
paved
street.
B.
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.
c.
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.
D.
When
a
waiver
from
the
requirement
to
underground
utili
ties
is
granted,
the
following
shall
apply:
1. 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;
2. All
new
service
required
in
conjunction
with
a
subdivision,
whether
on-
or
off-site,
is
required
to
be
underground;
3. 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.
May 21, 2024, Item #14
Resolution
No.
91-003
Page
3 E.
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.
F.
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
r,
Janua~
,,
1991.
ATTEST: STATE
OF
CALIFORNIA
COUNTY
OF
SAN
DIEGO
City
Clerk
) )
ss.
)
v--------
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
January
,
1991,
and
that
is
was
so
adopted
by
the
following
vote:
8 of
10 AYES: NOES:
EMERY,
HIGGINSON,
MCINTYRE,
SNESKO,
GOLDSMITH
NONE
ABSTAIN:
NONE
ABSENT:
NONE
Marjorie
\K.
Wahlsten,
City
Clerk
City
o(_
_Joway
May 21, 2024, Item #14
PAR Western Line Contractors
Customer Mr. Patel Date of Work TBD ----------------- PARWLC Job Number NIA -----------------Work Order N/A Job Name 11624 Creek Rd. Poway CA Description of Work:
Name
Remove Pole
Install Pole
Equip. Unit#
VENDOR
Invoice#
9 of 10
ACTIVITY CODE
ELFM-ST
ELJL-ST
ELJL-ST
ELJL-ST
ELFM-ST
ELJL-ST
ELJL-ST
ELJL-ST
SUB-DAY
ACTIVITY CODE
FLATT-2T
BUCKETT-65'
PU-4X4
BUCKETT-65'
Remove Existing Pole & Install New Pole
Pole Height Approx. 20-30'
Bucket Truck and Equipment Accesable
LABOR
DESCRIPTION
Electric Foreman (ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Electric Foreman (ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Journeyman Lineman(ST)
Daily Subsistence
EQUIPMENT
DESCRIPTION
Flatbed Truck, 2-Ton
Utility Bed Bucket Truck (57' -65')
Pickup Truck (4x4)
Utility Bed Bucket Truck (57' -65')
THIRD PARTY
ACTIVITY CODE DESCRIPTION
SUBCONTRACTORS/MATERIAL PURCHASED/3RD PARTY
Vendor Description Amount Markup 10%
New Pole (150' per Ft x 20' pole) $ 3,000.00 $ 300.00
Wire, Connectors, Misc material) $ 2,500.00 $ 250.00
$ -
$ -
$ -
$ -
$ -
Subtotal $ 5,500.00 $ 550.00
QTY. RATE
1.5 $ 179.17
1.5 $ 160.38
1.5 $ 160.38
1.5 $ 160.38
2.5 $ 179.17
2.5 $ 160.38
2.5 $ 160.38
2.5 $ 160.38
4.0 $ 50.00
TOTAL LABOR=
QTY. RATE
4.0 $ 40.31
4.0 $ 46.29
4.0 $ 17.60
4.0 $ 46.29
TOTAL EQUIPMENT
QUANTITY RATE
TOTAL THIRD PARTY
Tax
$ -$ -
TOTAL NON-UNIT PRICED MATERIAL
ATTACHMENT C
TOTAL
$ 268.76
$ 240.57
$ 240.57
$ 240.57
$ 447.93
$ 400.95
$ 400.95
$ 400.95
$ 200.00
$ 2,841.24
Total
$ 161.24
$ 165.16
$ 70.40
$ 165.16
$ 601.96
Total
$
Total
$ 3,300.00
$ 2,750.00
$ -
$ -
$ -
$ -
$ -
$ 6,050.00
$ 6,050.00
1 $ s,493.20 I
May 21, 2024, Item #14
10 of
10 Map
Provided
by
the
City
of
Poway
Disclaimer
: Map
and
parcel
data
are
believed
to
be
accurate,
but
accuracy
is
not
guaranteed
.
This
is
not
a
legal
document
and
should
not
be
substituted
for
a
title
search,appraisal
, survey,
or
for
zoning
verification
.
ATTACHMENT
D
Map
Scale
1 inch
=
100
feet
5/8/2024