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    18.    
City Council Regular
Meeting Date: 05/12/2020  

SUBJECT:
LANDSCAPE MAINTENANCE EASEMENT AGREEMENT FOR THE PURPOSE OF THE CITY MAINTAINING LANDSCAPING ALONG THE FRONTAGE OF THE SOUTHERN CALIFORNIA EDISON SUBSTATION LOCATED ON THE SOUTHWEST CORNER OF ENGLISH ROAD AND PEYTON DRIVE
 
RECOMMENDATION:
Authorize the execution of a landscape maintenance easement agreement between Southern California Edison (SCE), Verizon, and the City of Chino Hills for the purpose of the City maintaining the landscape area along the frontage of the SCE substation facing Peyton Drive.
BACKGROUND/ANALYSIS:
On June 7, 2016, the Planning Commission approved Conditional Use Permit No. 14CUP02 to allow the installation of a new wireless telecommunication facility on the southwest corner of English Road and Peyton Drive within the SCE substation site. The project consists of the installation of a 50-foot tall Verizon wireless telecommunication facility (monopine). On May 21, 2019, the Planning Commission 19EXT01, granted a one-year extension of time (19EXT01) for the Verizon Monopine Project (14CUP02).
 
The project site is owned by SCE, a public utility company, and is currently developed with an electric substation that is enclosed by a chain link fence. The landscaping surrounding the project site consists of a number of pine trees on English Road that will remain intact and the two trees on Peyton Drive that are in poor condition. In order to enhance the aesthetics of this prominent street corner (English Road and Peyton Drive), the applicant, Verizon, has agreed to landscape 1,544 square feet that currently consists of a dirt area with limited vegetation adjacent to the SCE substation fence facing Peyton Drive. Verizon would be responsible for the installation of the landscaping and an irrigation system, and SCE would be responsible for water and electricity costs for maintenance of the new landscaped area. 
 
Because the corner is a highly visible and prominent corner, City staff recommends that the City maintain the landscaping since neither Verizon nor SCE were willing to maintain it. In order to allow the City to maintain the landscaping, as per Condition of Approval No. 24, SCE is required to grant a maintenance easement to the City for the purpose of maintenance of new landscaping materials as shown in Exhibit “D” on the attached Landscape Maintenance Agreement between SCE, Verizon, and the City of Chino Hills. The City will have the ability to terminate the easement for any reason by providing thirty days notice and restoring the site to its original condition.
ENVIRONMENTAL (CEQA) REVIEW:
The project is categorically exempt from the California Environmental Quality Act pursuant to Sections 15061(B)(3) and 15303(D) New Construction or Conversion of Small Structures of the California Environmental Quality Act Guidelines. Conditional Use Permit No. 14CUP02 is to allow the installation and operation of a wireless communications facility within an existing electrical substation facility.
 
FISCAL IMPACT:
The site will be maintained by the City's contractor for the cost of approximately $400 per month, or $4,800 annually. There will be no costs associated with the proposed installation of the landscaping because Verizon will be responsible for the installation of landscaping within the existing dirt path. Further, Verizon will be responsible for the cost of connection to the existing water meter, and SCE will be responsible for any electricity and irrigation costs associated with water used for landscape maintenance. The maintenance of the landscape area will continue in perpetuity until terminated by either SCE or the City upon thirty days notice. 
REVIEWED BY OTHERS:
This agenda item has been reviewed by the Community Development Director, Finance Director, and the City Attorney.
 
Attachments
Landscape Maintenance Easement Agreement

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