HomeMy WebLinkAbout1357 - Underground Utilities Service ConnectionORDINANCE No. 1 35 7
• AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING SECTION 15.32.015 ENTITLED "UNDERGROUND
UTILITIES SERVICE CONNECTION," TO CHAPTER 15.32
OF THE NEWPORT BEACH MUNICIPAL CODE
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1. Section 15.32.015 is added to Chapter 15.32
of the Newport Beach Municipal Code to read:
"15.32.015 Underground Utilities Service Connection.
The Building Director shall, as a condition precedent to the
issuance of any building electrical or plumbing permit,
require all utility services located within the exterior
boundary lines of any lot or parcel of property to be
installed underground, if:
(1) The property is to be developed with a new or
relocated main building;
. (2) The remodeling, alteration or addition to an
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existing main building necessitates the relocation of
existing electrical and communication services;
(3) A new electric service is installed in a main
building;
(4) A residential building or use is converted to
any non - residential use or purpose.
For purposes of this Section the term 'main building'
shall mean a building in which is conducted the principal
use of the lot or building site on which it is located.
(a) The owner or developer of the property is
responsible for complying with the requirements of this
Section and shall provide all necessary facilities on the
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property to.receive such services from the supplying
utilities subject to the applicable rules, regulations
and tariffs of the respective utilities, as approved by
the California Public Utilities Commission.
(b) Exceptions. For purposes of this section,
appurtenances and associated equipment such as, but not
limited to, surface - mounted transformers, pedestal- mounted
terminal boxes and meter cabinets, and concealed ducts in
an _undergro.und_ system, _may be_ placed above ground.
(c) Waiver,.Modif.ication or.Delay.. .if it is
determined that practical difficulties, or unreasonable
hardships inconsistent with the purposes-of this Chapter
.and unique_ to_a.particular parcel of property,, would
_xesult_.from._the literal interpretation. of. this Section,
the Building Director may waive, modify.or delay the
imposition of any undergrounding requirement imposed
pursuant to this Section upon written application of
any affected property owner. The Building Director
shall notify the applicant of his decision in writing
by certified mail. If the Building Director determines
to delay the installation of required underground
utilities, he may require a recorded agreement guaran-
teeing the future performance of the work, together
with adequate performance security enforceable by the
City in the form of a cash deposit, bond, letter of
credit or other instrument satisfactory to the City
Attorney.
(d) Right of Appeal. Any person dissatisfied
with any decision of the Building Director may file an
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appeal with the City Council within fifteen (15.) days
• after the decision of the Building Director is deposited
in the mail by filing a written statement setting forth
the reasons for said appeal with the City Clerk. The
City Council may overrule, modify or affirm the decision
of the Building Director."
SECTION 2. This ordinance shall be published once in
the official newspaper of the City, and the same shall be effec-
tive 30 days after the date of its adoption.
This ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 14th
day of September , 1970, and adopted on the Z8th day of
September , 1970, by the following vote, to wit:
AYES, COUNCILMEN: McInnis, Kymla,
• Roeers, Hirth Croul, Dostal, Parsons
NOES, COUNCILMEN: None
ATTEST:
1 �i sr�z
y Clerk
CERTIFIED AS THE ORIGINAL AND
CERTIFIED AS TO PUBLICATION
7v
- - ITY CLERK OF THE CITY OF �! PORT BEACH
ABSENT COUNCILMEN: None
Mayor
THS:adw
8/28/70
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