San Leandro Municipal Code Art. 3 Master Plan

(Legislative History: Ordinance No. 85-025, 8/5/85)

To carry out the purposes of this Chapter to provide a 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 City Council may adopt by resolution an Underground Utility District Master Plan.

The City Council hereby 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 of and for the furtherance of the purposes of this Chapter that a portion of the cost for such undergrounding be paid by the, property owners in accordance with the benefits received.

It is the further finding of the Council that payment of assessments in accordance with the benefits received will be used to reimburse such revolving funds or accounts as contemplated herein and shall be expended only for expansion of, maintenance of or construction of Underground Utility Districts and facilities.

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

It is the further finding of the Council 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 such service is necessary and appropriate to serve such new uses and to regulate the design and improvement of such uses.

Prior to adoption of a Master Plan the City Council shall by resolution indicate its intention to adopt such a Master Plan. The City Clerk, when directed to do so by the City Council, shall publish such Resolution of Intention once in the official newspaper of the City. 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 City Council may adopt the Master Plan.

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 such 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 City and the real property within the proposed district, including any offset of such 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.

(g) Such rules as may be required by the Finance Director to account for the funds deposited pursuant to this Chapter and the Master Plan.

It is the intention of the City Council that the Master Plan is necessary and convenient for the implementation of the General Plan of the City. For such purposes and for purposes of the Subdivision Map Act, the Master Plan shall be and is hereby deemed a specific plan of the City of San Leandro.

(a) Notwithstanding the provisions of Chapters 1 and 5 of Title VII of this Code and the Zoning Code of the City of San Leandro 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 multi-family residential, commercial, industrial or other uses shall be issued unless and until the applicant therefor deposits with the Finance Director such fees for underground utility conversion as are specified in or pursuant to the Master Plan.

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

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

If upon a determination by the City Council, the Planning Commission, the BZA, or any City official or employee authorized by the City Council to grant a zoning approval or other entitlement as specified in Section 5-3-325(a), feels that an undue hardship would result from the imposition of the fees in the manner set forth in Section 5-3-325, or that utility improvements to be made by the developer or owner of property subject to the payment of a fee as provided in Section 5-3-325, will reduce the cost of and be usable as a part of an underground utility conversion project, the Community Development Director 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 said utility improvements, as estimated by the serving utility companies. If deferred payment or improvements are approved, such approval shall be by written agreement with adequate security therefor executed by the property owner or authorized representative of property owner, to undertake such improvements or make such 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.

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.