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Ordinance 2004-04 ORDINANCE NO. 2004-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REPEALING IN ITS ENTIRETY ARTICLE V OF CHAPTER 21 OF THE GILROY CITY CODE, AND REPLACING IT WITH A NEW ARTICLE V, PERTAINING TO REQUIREMENTS FOR UNDERGROUNDING OF UTILITIES. WHEREAS, the City of Gilroy ("City") has enacted Article V of Chapter 21 of the Gilroy City Code entitled "Requirements for Undergrounding Utilities" ("Undergrounding Ordinance") to require new development to underground utility facilities or pay a fee toward the undergrounding of existing overhead utility facilities, depending on the circumstances of the development; and WHEREAS, fees collected to date pursuant to the Undergrounding Ordinance have been placed in a fund ("Undergrounding Fund"); and WHEREAS, the City wishes to reduce administrative costs involved in managing the Undergrounding Fund, and has found management of the Undergrounding Fund burdensome due to the fund's limited application; and WHEREAS, the City believes that the existing utility undergrounding fee requirement of the Undergrounding Ordinance results in a disincentive to prospective desirable new businesses contemplating establishment in the City; and WHEREAS, the City wishes to continue to require the undergrounding of utilities and other facilities in conjunction with new development and the construction of new streets and frontages. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Article V, entitled "Requirements for Undergrounding Utilities," of Chapter 21 of the Gilroy City Code is hereby repealed. SECTION II A new Article V is added to Chapter 21 ofthe Gilroy City Code to read as follows: ARTICLE V. REQUIREMENTS FOR UNDERGROUNDING UTILITIES Sec. 21.111. Purpose of article. INVH1547578.9 01-032904-04706091 -1- Ordinance No. 2004-04 The purpose of the utility facilities undergrounding program established in this article is to implement the urban design policies of the general plan for the City of Gilroy by requiring developers to place all new and existing utilities underground when constructing new development, constructing new streets, and completing partially-constructed streets. Sec. 21.112. Utility Facilities - Definition. For the purposes of this article, "utility facilities" shall mean wires, cables and other facilities supplying electric, communication, or similar services, and shall include distribution lines and service lines. Sec. 21.113. Exemptions. (a) Projects for which street frontage is solely adjacent to a street or streets within an underground utility district established prior to July 1, 1989. (b) Utility facilities not covered under P.G.&E. Electric Rule 2.6 for distribution voltage shall be exempt from the provisions of this article. For example, facilities used to transmit electrical energy at nominal voltages of sixty-four thousand (64,000) volts or more shall be exempt. (c) Projects for which the city engineer determines underground installation of utility facilities would be unreasonable or impractical due to physical constraints such as topography or soil conditions. (d) Exemptions authorized by the city council, upon recommendation of the planning commission, as enumerated in section 26A.6 of this Code. Authorizing exceptions for one portion of a development shall not affect the requirements for the balance of that development. Sec. 21.114. Undergrounding required with new streets and development. (a) All utility facilities within newly constructed streets shall be placed underground. For the purposes of this section, "newly constructed streets" shall mean that as part of an approved project, a street is completed. or a half street is built. (b) All new and existing utility facilities within a new development shall be placed underground. In commercial and industrial areas of the city in which development has occurred with overhead or above-ground utility facilities in or along the frontage of properties, these existing utility facilities shall be placed underground in connection with development. In residential areas of the city in which development has occurred with overhead or above ground utility facilities in ior along the frontage of properties, these existing utility facilities shall be placed underground in connection with a development or redevelopment of property consisting of four (4) or more dwelling units. INVH1547578.9 01-032904-04706091 -2- Ordinance No. 2004-04 (c) When undergrounding is required under this section, any existing poles or other above-ground facilities shall be removed. No new poles may be placed in conjunction with the facilities required to be placed underground pursuant to this section; all required underground facilities shall connect to the nearest existing pole on property not covered under this article. SECTION III If any section, subsection, subdivision, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council of the City of Gilroy hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid or unconstitutional. SECTION N This Ordinance shall be in full force and effect thirty (30) days after the date of its passage and adoption. PASSED AND ADOPTED this 19th day of April, 2004 by the following vote: AYES: COUNCILMEMBERS: CORREA, DILLON, GARTMAN, MORALES, VALIQUETTE, VELASCO and PINHEIRO NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE APPROVED: ~or ATTEST: ~~ Rhonda Pellin, City Clerk INVH1547578.9 01-032904-04706091 -3- Ordinance No. 2004-04 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2004-04 is an original ordinance, or a true and correct copy of a city ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19th day of April, 2004, at which meeting a quorum was present, and has been published or posted pursuant to law. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 30th day of April, 2004. ~e/A~ · City Clerk of the City of Gilroy (Seal)