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Home My WebLink About11A - 2ND READ ORD - UNDERGROUND UTILITYREQUEST FOR COUNCIL ANION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: SECOND READING ORDINANCE: ZONING ORDINANCE AMENDMENT NO. 2016-04 TO AMEND PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO UNDERGROUND UTILITY INSTALLATIONS (STRATEGIC PLAN NO. 5, 1) I CITY M&AGER Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1®` Reading ❑ Ordinance on 200 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On December 6, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4-0 (Martinez, Pulido and Reyna absent): ORDINANCE NO. NS -2906 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF E SANTA ANA MUNICIPAL CODE RELATING TO THE REQUIREMENT OF UNDERGROUND UTILITY INSTALLATIONS STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: 1. Ordinance No. NS -2906 11 A-1 11 A-2 LS 12.15.16 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO PROVISIONS OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE REQUIREMENT OF UNDERGROUND UTILITY INSTALLATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Santa Ana Municipal Code (SAMC) requires updates periodically in order to streamline requirements and procedures and/or gain compliance with new state or federal legislation. B. In a continuing effort to establish high-quality development standards and to create a user friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of Chapter 41. C. After a thorough analysis of the current code requirements in the city, staff identified a code amendment and additions necessary to ensure clear, uniform, and legally consistent regulations for various sections of the SAMC. The proposed changes and additions will enable the City to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on home owners, business operators and developers. D. Section 41-626 of the SAMC requires that all utility cables, wires, or feeds be placed underground for certain projects, including new or relocated buildings, additions to existing structures, conversions of buildings to other uses, and changes or increases to services. Currently, this section of the SAMC requires undergrounding of utility cables for any building addition in excess of 25 percent, including residential additions above this threshold. The proposed code amendment would increase the threshold to 50 percent for residential (one -family or two-family/duplex) structures, and would keep the 25 percent threshold for multi -family and non-residential structures. Moreover, the amendment will clarify that the provisions requiring undergrounding of utility cables do not apply when a second/accessory dwelling unit is being constructed E. The City Council has held a noticed public hearing on this Ordinance and has considered all testimony presented thereto. Ordinance No. NS -XXX Page t of 4 11 A-3 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 2: In order to implement a regulatory framework that both protects the health, safety, and welfare of the city and limits undue strain on homeowners, business operators and developers, Section 41-626 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 41-626, . Underground utility installations. (a) Notwithstanding any other provision of the ordinance, all projects described below shall be required to install electrical, telephone, community antenna television and similar service wires or cables which provide direct service to the property being developed, added to, or converted, shall, within the exterior boundary Eines of such property, be installed underground. Conduits required for telephone or community antenna television shall be installed to utility specifications by the electrical permit holder prior to inspection of electrical conduit. (1) When any property is developed with a new or relocated building or structure, (2) When an addition is proposed to a single family residence or duplex in excess of fifty (50) percent of the existing floor area. (3) When an addition is proposed to a multi -family or non-residential structure in excess of twenty-five (25) percent of the existing floor area. (b) 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. (c) For existing multifamily, commercial, and industrial structures, a change of service may be permitted with a waiver from the requirements of subsection (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 make the underground installation of wires or cables unreasonable or impractical, Requests for waivers 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 within ten (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. Ordinance No. NS -XXX Page 2 of 4 11 A-4 (d) For existing single-family and duplex (two -unit) structures, a waiver as outlined in subsection (c) may be granted for expansion of the existing structures as referenced in subsection (a), provided no additional dwelling units are created. (e) In addition to the waiver provisions of this section outlined in subsections (c) and (d), minor exceptions may be granted from the requirements of subsection (a) of this section for new or relocated buildings or structures subject to the standards set forth in section 41-638. (f) The requirements of this section shall not apply to construction of new second dwelling units provided, however, that all utility cables or wires between the primary residence and a detached second dwelling unit shall be placed underground. Section 3. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, it can be seen with certainty that there is no possibility that the proposed code changes will have a significant effect on the environment. General Rule Exemption No. ER 2016-150 will be filed for this project. 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. ADOPTED this day of 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 11 A-5 Ordinance No. NS -XXX Page 3 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2016 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A-6 Ordinance No. NS -XXX Page 4 of 4