HomeMy WebLinkAboutRES 2021-53RESOLUTION NO. 2021-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DETERMINING THAT UNDERGROUDING IN THE SPECIFIED AREA IS IN THE GENERAL PUBLIC INTEREST AND ESTABLISHING THE BREA CANYON ROAD UNDERGROUND UTILITY DISTRICT BETWEEN COOL SPRINGS DRIVE AND COLD SPRING LANE. WHEREAS, Diamond Bar Municipal Code, Title 13, UTILITIES; Division 1, Section 13.04.030, as duly adopted by the City Council of the City of Diamond Bar, provides procedures and regulations for underground utility districts; and WHEREAS, by Resolution No. 2021-46, a public hearing was called for November 162 2021, at 6:30 p.m. in the Windmill Community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, to ascertain whether the public necessity, safety, health, or welfare requires removal of poles, overhead wires, and associates overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service on Brea Canyon Road in the area specified; and WHEREAS, notice of such hearing was given to all affected property owners as shown on the last equalized assessment roll and utilities concerned in the manner and for the time required by law; and WHEREAS, notice of such hearing was published in the manner and for the time required by law; and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. Undergrounding, in the specified area, is in the general public interest for its health, safety, and welfare as: (a) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric and communication facilities; and (b) The street or road or right of way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. Section 2. The City Council hereby finds and determines that the undergrounding identified above in this Resolution is categorically exempt from the requirement of the California Environmental Quality Act of 1970, as amended, and guidelines promulgated thereunder, pursuant to Section 15302, Class 2 of Division 6 of Title 14 of the California Code of Regulations. Resolution No. 2021-53 Section 3. The following specified area, and as shown in Exhibit "A", shall constitute and be known as the Brea Canyon Road Underground Utility District: That portion of the Brea Canyon Road, in the City of Diamond Bar, County of Los Angeles, State of California, bounded northwesterly by the centerline of said Brea Canyon Road as shown on Tract Map No. 25991 recorded in Book 702 pages 16 through 21 of maps in the office of the County Recorder of said County, bounded southwesterly by a line perpendicular to said centerline and passing through the BC at the southeasterly corner of Cool Springs Drive and Brea Canyon Road as shown on said Tract, bounded southeasterly by the southeasterly right-of-way of Brea Canyon Road as it now exists and bounded northeasterly by a line perpendicular to the centerline of said Brea Canyon Road and passing through the EC at the northeasterly corner of Cold Springs Lane and Brea Canyon Road as shown on Tract No. 25985 recorded in Book 678 pages 63 through 65 of maps in the office of the County Recorder of said County. Section 4. The following exceptions are incorporated in the Brea Canyon Road Underground Utility District: (a) Poles and pedestals for fire alarm boxes, street lights, traffic signals, and the like installed and maintained by or for the City. (b) Air vents, meters, cabinets containing electronic devices, and cabinets for connection points determined by the Public Works Director/City Engineer to be necessary for service continuity and not feasible for underground location, subject to approval by the Director as to location and unobtrusiveness. (c) Antennae and supporting structures used for communication service %J reception for Cl community antenna system subject to approval of the City Council as to location and unobtrusiveness. (d) Temporary overhead facilities necessary for emergency services for less than ten (10) days which period may be extended by the Public Works Director/City Engineer for a period not exceeding ninety (90) days and which may be extended by the City Council for an unlimited period. (e) Temporary overhead wires and supporting poles approved by the Public Works Director/City Engineer and erected to facilitate construction of a building or other structures for a period of not more than one hundred eighty (180) days. Resolution No, 2021-53 Section 5. The utility company, at its expense, shall install underground service connection facilities on the customer's property for not more than one hundred (100) feet in length. Section 6. All poles, overhead wires, and associate overhead structures shall be removed and underground installations made in said underground utility district within the timing schedule agreed upon by the Public Works Director/City Engineer. Section 7. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council has determined that this project is categorically exempt pursuant to Section 15302(d) of the State CEQA Guidelines. Section 8. The Public Works Director/City Engineer, within ten (10) days after the adoption of this resolution, shall mail a copy hereof and a copy of Los Angeles County Code Division 2, Chapter 16.32, as duly adopted by the City Council of the City of Diamond Bar, to the affected property owners as same are shown on the last equalized assessment roll and to the affected utilities. Section 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16th day of November, 2021. THE CITY OF DIAMON BAR / � G Nancy A. Lyo s, qy [Signatures continued on the following page] Resolution No. 2021-53 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 16t" day of November 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None Kristina Santana, City Clerk Resolution No. 2021-53 Exhibit "A" lip mm p vt R 4- so _` rrt P to° • / c' m do 4, L :p • / e * r OL Q o ru y W Z y u t w h c J c CL O U C c � o O �+ L C v) c AL, N W � C y O U v 0 C a v c ca c v a°iLo