HomeMy WebLinkAboutNS-1955 - To the Santa Ana Municipal Code, Amending and Repealing Sections Pertaining to the Underground Installation of Utility WiresREL :mb (8)
3/25/88
ORDINANCE NO. NS-1955
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTION 41-626 TO THE SANTA ANA
MUNICIPAL CODE, AMENDING SECTION 34-84
AND REPEALING SECTIONS 8-747 AND 34-85
PERTAINING TO THE UNDEt~GROUND INSTALLA-
TION OF UTILITY WIRES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 41-626, which said
section reads as follows:
Sec.
(a)
(b)
(c)
41-626. Underground utility Installations.
Except as otherwise provided for in subsections (b),
(c), (d) and (e) of this section, whenever any pro-
perty is developed with new or relocated buildings
or structures, or whenever floor area in excess of
25 percent of the existing floor area is added to an
existing building, or whenever a residential building
or use is converted to any nonresidential purpose or
use, or whenever service is changed for any reason,
all electrical, telephone, community antenna tele-
vision and similar service wires or cables which pro-
vide direct service to the property being developed,
added to, or converted, shall, within the exterior
boundary lines of such property, be installed under-
ground. Conduits required for telephone or community
antenna television shall be installed to utility speci-
fications by the electrical permit holder prior to
inspection of electrical conduit.
For existing single-family and duplex (two-family)
structures, a new service meter may be installed
without the utility wires and cables being installed
underground provided that the new meter to be installed
is a dual function service box which may be converted
for underground service when appropriate.
For existing multi-family, commercial, and industrial
structures, a change of service may be permitted with a
waiver from the requirements of (a) above if approved
by the Planning Director. Waivers may be granted if,
after a review of aesthetic and technical considerations,
a determination is made that environmental or other
conditions affecting the site made the underground
installation of wires or cables unreasonable or impracti-
cal. Requests for waiver shall be in writing on forms
provided by the Planning Department. The decision of the
designee may be appealed to the Planning Commission by
filing an appeal application to the Planning Department
384
ORDINANCE NO. NS- 1955
PAGE TWO
within 10 days. The decision of the Planning Commission
shall be final. The form and content of the waiver
application and appeal application shall be determined
by the Executive Director of the Planning and Building
Safety Agency.
(d) For existing single-family and duplex (2 units) struc-
tures, a waiver as outlined in subsection (c) may be
granted for expansion of the existing structures, pro-
vided no additional dwelling units are created.
(e) In addition to the waiver provisions of this section,
minor exceptions may be granted from the requirements
of subsection (a) of this section subject to the stan-
dards set forth in section 41-638.
That section 34-84 of the Santa Ana Municipal Code
amended to read as follows:
Sec. 34-84. Same - Waiver May Be Granted.
The requirements of section 34-82 or section 34-83 may
be waived by the granting of a minor exception for such purpose
pursuant to Article V of Chapter 41 of this Code.
SECTION 3: That sections 8-747 and 34-85 of the Santa Ana
Municipal Code are hereby repealed.
SECTION 4: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to
be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases,
or portions be declared invalid or unconstitutional.
SECTION 5: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
to the collection of any such license or penalty or the penal
SECTION 2
is hereby
385
ORDINANCE NO. NS- 1955
PAGE THREE
provision applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any ordi-
nance and all rights and obligations thereunder appertaining
shall continue in full force and effect.
ADOPTED this _j_~ day of APril , 1988.
jFni~e c. Guy /
Clerk of the Council
COUNCI LMEMBE RS:
Young A.ye
McGuigan AYe
Acosta Aye
Griset Aye
Hart A,¥e
May Aye
Pulido A,¥e
APPROVED AS TO FORM:
~Q~-~per