San Benito County Municipal Code Art. III Master Plan

To carry out the purposes of this chapter to provide planning basis for the equitable allocation of costs associated with the conversion of existing overhead utilities and to insure that adequate funds are available to complete proposed underground utility conversion projects, the Board of Supervisors may adopt, by resolution, an underground utility master plan.

(1966 Code, § 17B-10) (Ord. 519, § 300)

(A) The Board of Supervisors finds and declares that the undergrounding of utility services is a benefit that inures to property within an underground utility district. It is appropriate and necessary for the preservation of the health, safety and welfare and for the furtherance of the purposes of this chapter that a portion of the cost for the undergrounding be paid by the property owners in accordance with the benefits received.

(B) It is the further finding of the Board of Supervisors that payment of assessments in accordance with the benefits received will be used to reimburse the revolving funds or accounts as contemplated herein and shall be expended only for expansion of, maintenance of or construction of underground utility district and facilities.

(C) It is the further finding of the Board that the primary benefit of underground utilities conversion insures to property being redeveloped for a higher and better use. Consequently, it is equitable to impose assessments for the work on the basis of benefits which accrue at the time that the property liable for assessment is rezoned or is granted entitlement of use.

(D) It is the further finding of the Board of Supervisors that redevelopment of property for a higher and better use necessarily intensifies utility use beyond the capacity of existing aerial utility service facilities to provide safe, adequate and beneficial service to the redeveloped property. Therefore, conversion of the service is necessary and appropriate to serve the new uses and to regulate the design and improvement of the uses.

(1966 Code, § 17B-11) (Ord. 519, § 305)

Prior to adoption of a master plan, the Board of Supervisors shall by resolution indicate its intention to adopt such a master plan. The County Clerk, when directed to do so by the Board of Supervisors, shall publish the resolution of intention once in the official newspaper of the county. The resolution of intention shall contain a map or maps depicting the underground utility districts proposed in the master plan. Following a public hearing at the time and place specified in the resolution of intention (or as the same may thereafter be continued) the Board of Supervisors may adopt the master plan.

(1966 Code, § 17B-12) (Ord. 519, § 310)

The master plan shall contain the following elements:

(A) A depiction of all real property within each proposed underground utility district;

(B) A proposed and tentative schedule for commencement and completion of work in the proposed underground utility districts;

(C) An estimate of the cost of the underground utility conversion project in current dollars;

(D) An allocation of such costs to the affected utilities in accordance with their tariff on file with the Commission, the county and the real property within the proposed district, including any offset of the costs to real property as a result of prior payments;

(E) Special regulations relating to the development of property within the proposed underground utility district;

(F) Such other matters which will accomplish the purposes of this chapter, including procedure for the administration hereof; and

(G) Such rules as may be required by the Auditor to account for the funds deposited pursuant to this chapter and the master plan.

(1966 Code, § 17B-13) (Ord. 519, § 315)

It is the intention of the Board of Supervisors that the master plan is necessary and convenient for the implementation of the general plan of the county. For such purposes and for purposes of the Subdivision Map Act, the master plan shall be and is deemed a specific plan of the county.

(1966 Code, § 17B-14) (Ord. 519, § 320)

(A) Notwithstanding the provisions of the zoning code and subdivision ordinance of the county and to the contrary, no property shall be reclassified; no subdivision map or parcel map approved; no conditional use permit, variance, general development plan or precise development plan approved; and no building permit for construction of new multi-family residential, commercial or industrial uses shall be issued unless and until the applicant therefore deposits with the Auditor such fees for underground utility conversion as are specified in or pursuant to the master plan.

(B) If the fees are paid following the completion of the underground utility conversion project then the fee shall represent the pro rata allocation of actual costs attributable to the property assessed on a front foot basis or other such basis as in the opinion of the county is fair, just and equitable. If the fees are paid prior to the underground utility conversion project then the fees shall represent the pro rata allocation of estimated costs in current dollars attributable to the property assessed on a front foot basis or such other basis as in the opinion of the county is fair, just and equitable.

(1966 Code, § 17B-15) (Ord. 519, § 325)

Fees payable under the terms of this chapter and the master plan shall be paid in cash to the Auditor. The Auditor shall deposit such fund received pursuant to this chapter in a separate fund or account for underground utility conversion projects. All earnings on the sums deposited shall be credited to the fund or account. Any refunds granted shall be paid only from the fund or account.

(1966 Code, § 17B-16) (Ord. 519, § 330)

If, upon determination by the Board of Supervisors, the Planning Commission or any county official or employee authorized by the Board of Supervisors to grant a zoning approval or other entitlements as specified in § 15.03.045(A), feels that an undue hardship would result from the imposition of the fees in the manner set forth in § 15.03.045, or that utility improvements to be made by the developer or owner of property subject to the payment of a fee as provided in § 15.03.045, will reduce the cost of and be usable as a part of an underground utility conversion project, the Director of Planning may authorize a modification in the amount or manner of payment of the obligation. If utility improvements in lieu of all or a portion of the fee are to be approved, the fee shall be reduced by the cost of the utility improvements, as estimated by the serving utility companies. If deferred payment of improvements are approved, the approval shall be by written agreement with adequate security therefore executed by the property owner or authorized representative of property owner, to undertake the improvements or make the payments at the time that the underground utility conversion project is commenced. Standards for modification of obligations in accordance with this section shall be set forth in detail in the master plan.

(1966 Code, § 17B-17) (Ord. 519, § 335)

Nothing contained in this article shall be construed to prohibit or limit the attachment of conditions to any subdivision or parcel map or entitlement of use otherwise provided by law.

(1966 Code, § 17B-18) (Ord. 519, § 340)