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HomeMy WebLinkAbout1045 - Ordinance ORDINANCE NO. 1045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 16.36.09 OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADDING CHAPTER 17.84 TO THE RANCHO CUCAMONGA MUNICIPAL CODE CONCERNING UNDERGROUNDING OVERHEAD UTILITIES, AND MAKING A DETERMINATION OF EXEMPTION FROM CEQA The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. Adoption of Chapter 17.84. Chapter 17.84 ("Underground Utilities") of Article IV ("Site Development Provisions") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby added to read in full as follows: "17.84 Underground Utilities. 17.84.010. Undergrounding Utilities. Except as provided in Section 17.84.060 or where payment of an in-lieu fee is authorized, all new and existing overhead utility lines shall be installed underground in conjunction with any development, including the removal of the related supporting poles adjacent to and within the limits of the development as provided in this Chapter, at the applicant's expense. A. Arrangements, including the payment of all costs for undergrounding, shall be made by the applicant with the serving utilities. B. Undergrounding shall be completed: 1. Prior to the acceptance of related street improvements; or 2. Prior to issuance of a certificate of occupancy if no related street improvements are required. 17.84.020. In-Lieu Fee. In those circumstances where the City Engineer decides that undergrounding is impractical, the applicant may satisfy the undergrounding requirement by paying an in-lieu fee in accordance with the formula set forth in Section 17.84.050. The in-lieu fee shall be paid to the city prior to the approval of the final subdivision map, or building permit, whichever occurs first. The City Engineer may determine undergrounding is impractical if any of the following conditions exist: A. The length of the lines to be places underground will be less than three hundred (300) feet and the utility lines have not been placed underground on any property abutting the subject property; B. Severe disruption to existing off-site improvements or heavy congestion of utility lines would make impractical service to properties under separate ownership; or C. Any other condition that City Engineer finds exists and will make undergrounding impractical. Ordinance No. 1045 - Page 1 of 6 17.84.030. Poles Containing 66KV or Larger Electrical Lines. 66KV or larger electrical lines shall not be undergrounded unless the City Engineer and applicant agree to do so. 17.84.040. Limits of Responsibility. Undergrounding shall include the development's entire frontage and extend to: (i)the first existing pole off-site from the development's boundaries (across the street for corner properties), (ii) a new pole erected at a development's boundary (across the street for corner properties), or (Hi) an existing pole within five feet of a development's boundary, except a corner. 17.84.050. Fee Amount. The in-lieu fee amount shall be equal to the amount identified in a detailed project specific construction cost estimate approved by the City Engineer and prepared by a qualified engineer registered in the State of California. The cost for preparation of the required construction cost estimate shall be borne by the applicant. 17.84.060. Exemptions. A. The following developments shall be exempt from undergrounding utility lines as required by this Chapter: 1. The addition of functional equipment to existing developments, such as: loading docks, silos, satellite dishes, antennas, water tanks, air conditioners, cooling towers, enclosures of outdoor storage area, parking and loading area, block walls and fences, etc. 2. Building additions or new free standing buildings of less than 25% of the floor area of the existing building(s)on the same assessor's parcel, or 5,000 square feet, whichever is less. 3. Exterior upgrading or repair of existing developments, such as: reroofing, addition of trellis, awnings, landscaping, equipment screening, repainting and exterior finishes, etc. 4. Interior tenant improvements and non-construction CUPs. 5. Projects consisting of the construction of one(1)single family residence on an existing parcel. 6. Existing overhead utility lines located in public and private rights-of way, including but not limited to streets, trails, alleys, and utility easements where heavy congestion of utility lines would make impractical service to properties under separate ownership. 7. Residential subdivisions of ten or fewer single family residential parcels, where utility lines extend at least 600 feet offsite from both project boundaries. 8. Where otherwise preempted by state law. B. Notwithstanding the foregoing, there is no exemption to the requirement to underground overhead utilities under this Chapter for projects within the boundaries of: Ordinance No. 1045 - Page 2 of 6 1. (i) General Plan Focus Area 1: Downtown Rancho Cucamonga(Victoria Gardens & Epicenter); (ii) General Plan Focus Area 2: Civic Center; (iii) General Plan Focus Area 3: HART District; and (iv)General Plan Focus Area 8: Southeast Industrial Area, as all such focus areas are defined by the general plan and shown in a resolution approved by the City Council. 2. Any specific plan or master plan adopted by the City Council. 17.84.070. In-Lieu Fee Expenditure. A. Funds collected from in-lieu fees shall be spent in the region in which the development from which the funds were collected is located. For purposes of this Chapter, the regions shall be identified in a map that is approved by the Council in a resolution and the official copy shall be on file in the Engineering Division. B. Once the City has collected sufficient funds from in-lieu fees within a region to underground a section of utility lines,the City may underground a section of utility lines within that region. 17.84.080. Appeals. A. An applicant adversely affected by the City Engineer's determination that undergrounding is or is not impractical pursuant to Section 17.84.020 or contesting the amount of the in-lieu fee may appeal such determinations to the City Council. B. All appeals shall be in writing and shall state the reason why utility undergrounding is unreasonable or impractical or the in-lieu fee was unreasonable or erroneously calculated. Appeals in instances finding undergrounding is not impractical shall include a preliminary estimate of cost, in writing, from the serving utilities. C. An applicant may initiate an appeal by filing a notice of appeal with the City Clerk within 20 days after the date on which the City Engineer takes the action appealed from and paying the applicable fee, which shall be set by resolution. D. The City Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to the appellant of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known addresses. E. The City Council shall have the authority to determine all questions raised on such appeal. F. City Council determinations are final." Ordinance No. 1045 - Page 3 of 6 Section 2. Amendment of Chapter 16.39.090. Chapter 16.36.090 ("Required Improvements; Utilities') of Title 16 ("Subdivisions") of the Rancho Cucamonga Municipal Code is hereby amended to read as set forth below. "16.36.090 Required improvements; utilities. All new and existing overhead utility lines are subject to and shall comply with the requirements of Chapter 17.84 of the Rancho Cucamonga Municipal Code." Section 3. The development code amendment set forth in Section 1 above generally requiring the undergrounding of new utility facilities in new development, with certain exceptions, is consistent with the general plan, including for example, Goal S-5.6 which provides: "Underground Utilities. Promote under-grounding of utilities for new development, major remodels, and redevelopment." Section 4. Repeal of Planning Commission Resolution 87-96. Upon the date that this Ordinance takes effect, Planning Commission Resolution 87-96 and related policies of the City's Engineering Division with conflicting processes for undergrounding utility lines in developments are hereby repealed. Section 5. Projects deemed complete or entitled as of the effective date of this Ordinance that have not implemented their undergrounding requirements specified in applicable entitlement conditions of approval may request review of such conditions by the Engineering Director and Planning Director for a determination of whether any changes in applicable Rancho Cucamonga Municipal Code or other applicable regulations pertaining to utility undergrounding would either (i) eliminate the undergrounding requirements or (ii) allow for compliance with undergrounding requirements through payment of an in-lieu fee. Notwithstanding Rancho Cucamonga Municipal Code Section 17.14.100, the Directors are jointly authorized to amend or waive the applicable condition of approval if they find that either condition (i) or(ii) described above applies. Section 6. CEQA. The City Council finds that pursuant to California Environmental Quality Act (CEQA) Guidelines, Sections 15060(c)(2) and 15378(a), the proposed Ordinance is not considered a "Project" under CEQA because it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. This is due to the fact that the Ordinance does not change any practice or procedure, but rather clarifies and codifies existing practice. Furthermore, the proposed action is exempt from the CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment because most new development in the City is required to underground utilities along their frontage and this does not change that requirement. The City Council finds that the adoption of this Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15302(c) which exempts from review the replacement or reconstruction of existing utility systems and/or facilities involving a negligible or no expansion of capacity. For existing utility systems that are required to be placed underground, there will be a negligible or no expansion of capacity. The City Council further finds that the adoption of the Ordinance is categorically exempt pursuant to CEQA Guidelines Section 15302(d)which exempts from review the replacement or reconstruction of existing structures and facilities where the new Ordinance No. 1045 - Page 4 of 6 structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity replaced including conversion of overhead electric utility distribution facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. For any new development where the undergrounding of utilities is required, the City Council finds that the adoption of this Ordinance is categorically exempt pursuant to CEQA Guidelines Section 15303(d) which exempts from review the construction of and location of new small facilities and structures including water main, sewage, electrical, gas, and other utility extensions including street improvements, of reasonable length to serve such construction. Section 7. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 8. Certification. The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 1045- Page 5 of 6 PASSED, APPROVED, AND ADOPTED this 3'd day of September, 2025. /J L. ennis Mi hael ayor ATTEST: im im Sevy, i i/� City erk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20'h day of August 2025, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3'd day of September 2025. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 3'd day of September 2025, at Rancho Cucamonga, California. 44-)14462 -• Sevy, City k Ordinance No. 1045 - Page 6 of 6