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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 • 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 -1- • A • 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 -2- 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 -3-