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30 <br /> <br /> 6. PUBLIC HEARINGS - 6:30 p.m. <br /> <br /> Item 6a <br /> PUD-92-6, Joseph E. Madden <br /> Application for development plan approval to construct a commercial <br /> service development consisting of a four-building plan totalling <br /> 47,500 square feet or a five-building plan totaling 52,500 sg. ft. <br /> located on Stanley Boulevard between Valley Avenue and California <br /> Avenue. Zoning for the property is PUD (Planned Unit Development) <br /> -Commercial District (SR92:383) <br /> <br /> Also consider adoption of a Negative Declaration <br /> <br /> Mr. Mercer declared the public hearing open on the <br /> application. <br /> <br /> Joseph E. Madden, 1544 Santa Rita Road, thanked the Design <br /> Review Committee, Planning Commission, and staff for the fine <br /> comments and excellent contributions. He indicated that he was in <br /> agreement with all conditions listed in the staff report except for <br /> item 26. He was also in agreement with the City's new condition <br /> that addresses a City-wide traffic impact fee in lieu of Items 23 <br /> and 25. Mr. Madden described this project. He said that it was <br /> obvious that there are many beneficiaries of this very expensive <br /> utility line undergrounding other than the owners of this small <br /> parcel .... <br /> <br /> Therefore, in fairness, he requested Council to insert the <br /> staff's standard pro-rata language into Item 26 so that, not the <br /> City, but the respective utility companies, pay their pro-rata <br /> share of these utility improvements that the City is requesting. <br /> The utility companies are by far the biggest beneficiaries. This <br /> is especially true with respect to potential safety problems and <br /> corresponding lawsuits associated with fallen overhead utility <br /> lines. Mr. Madden indicated city staff is pessimistic about <br /> gaining the utility companies' cooperation concerning pro-rata <br /> sharing of the undergrounding of the above-mentioned utility lines. <br /> <br /> Some years ago Mr. Madden gave the utility companies an <br /> easement across his Stanley Boulevard property. It was his <br /> understanding that the costs of local improvement are, under law, <br /> supposed to be borne by the local beneficiaries of those <br /> improvements on a pro-rata basis. Mr. Madden committed himself to <br /> continue to negotiate with these utility companies with due <br /> diligence and would carry these efforts to their ultimate <br /> conclusions if his request for Item 26 was granted. He again asked <br /> for Council's approval. He indicated the architect, G. Michael <br /> Goldsworthy, was there to answer any questions regarding the <br /> project. <br /> <br /> 9/15/92 4 <br /> <br /> <br />