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Home My WebLink AboutORD 523ORD 523Ì¤<žjh£Ÿj¿u¼IORDINANCE NO. 525 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTER 4, OF ARTICLE IX, BY ADDING THERETO PART XX, CONSISTING OF SECTIONS 9800 THROUGH 9802, INCLUSIVE, RELATIVE TO UNDERGROUND UTILITY LINES. CASE NO. AZC-55 THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter XX, entitled, Underground Utility Lines" is hereby added +o Article IX of the Baldwin Park Municipal Code, consisting of Sections 9800 through 9802, which shall read as follows: Chapter XX. Underground U+ili+y Lines, 9800. DEFINITIONS. For the purpose of this Part, the following words and phrases shall have the meanings ascribed +o them as hereinafter set for+h, except where the context hereof clearly requires a contrary meaning: a) CIJY shalI mean the City of Baldwin Park; b) DIRECTOR shalI mean the Planning Director of the CiTy of Baldwin Park. PROPERTY shaI I mean real property located within the City: 1) Which is either undeveloped i.e., having no buildings or structures located thereon; or 2) Property which is proposed to be converted to a different use by the construction of new buildings and structures and/or the demolition, removal or structural racons+ruction of existing buildings or structures located thereon; or 5) Property which is included in a subdivision or lot split pro- ceedi ng. d) UNDERGROUND ING shall mean the location or relocation of utilities so that all of the utility facilities are located under the surface of the ground, except for appurtenances and associated equipment, including but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts. All such undergrounding work, where required, shall be constructed and main- tained in accordance with all applicable laws, rules and regulations, including but not limited to, rules, regulations and tariffs, applicable to the affected utility, adopted or approved by the Public Utilities Commission of the State of California; e) UTILITY OR UTILITY FACILITIES shal i mean wire, conduit and simi iar devices designed and/or utilized for supplying and/or distributing electrical energy and/or services, telephone, telegraph or cable television service to a consumer. 9801. UNDERGROUND ING OF UTILITIES. WHEN REQUIRED. Notwithsranding any other provision OT this Code, the underground ing of utility facilities shall be re- quired in all of the following circumstances, except as hereinafter expressly pro- vided: a) Subdivisions. All utilities to serve property included in a subdivision, for which a tentative map is filed or amended, a+ter the effective date of this Chapter; and b) Lot Spl its. All utilities t-o serve properties included in a lot split proceeding, for which a parcel map therefor is filed, or amended, after the effective date of this Chapter; and y I BIB] 37946-U01 ORD-U02 523-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31574-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 523Ì¤<žjh£Ÿj¿u¼IOrd. No. 525, Page' 2 c) Other* All utilities to serve any other properly upon which it is proposed to construct or reconstruct any building or structure, or combination thereof, for which one or more building permits is required, where the estimated cost of such construction is $3,000.00 or more; and d) Relocations•„ All structures to be relocated into or within the City of Baldwin Park upon any parcel of land shall be required to in- stall underground utilities where the usable floor area of such building or structure to be relocated is a total of 850 square feet or more* e) Exception, Provided that in any of the circumstances above described, where the applicant and/or the owner of the property objects to the requirements hereof, he may, as a part of the tentative subdivision approval, request the Planning Commission to exempt his development from the provisions of this Part, subject to the provisions as hereinafter set forth. Any person who owns property which falls within the classification of Subparagraph b), c) or d) hereof may, within 10 days of the mailing of notice by the Director indicating the application of said provisions of Subparagraphs b), c) or d), file an appeal from such a determination to the Planning Commission, requesting an exemption from the provisions hereof. Such appeal shall be in writing, and shall be filed with the Secretary of the Commission, together with a filing and processing fee in the sum of $50.00. f) Responsibility for Compliance. The owner and/or person who occupies any property to which Section 9800 et seq. hereof applies, shall be responsible for compliance therewith, including but not limited to, obtaining the installation of required facilities by the appropriate utiliLy company or companies." 9802 EXEMPTION. The Director of Planning shall f^rant an exemption from Llie provisions hereof if he finds all of the following facts present; a) That all adjacent properties are served by overhead utilJtv faci 11 c-ies; and b) That tlie compliance with the provisions of this Section onstji-lUe an undue f nancial hardship which lenders the proposed develop- ment- i onomicaliy ii'i feasible; and BIB] 37946-U01 ORD-U02 523-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31574-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04 ORD 523Ì¤<žjh£Ÿj¿u¼IOrd. No. 523 Page 3 c) That the owner of the property involved agrees, in written form as approved by the City Attorney, to join and participate in an endergrounding utility district should one be initiated pursuant to appi[cab Ie law, within 10 years after the date upon which'a building permit"for such buildings or structures is issued, without protest as to the formation of such district. Such agreement shall be recorded and shall bind, for said period of time, alt assignees and successors in interest to the then owner of said property. PQQl' Within ten days after the decision of the i rector, any person aggrieved by the Director's decision may appeal the'same'to the Planning Commission. Such appeal shall be filed in the same manner as required by Section 9464 of the Municipal Code, together with a filing and processing fee of $50.00. The action of the Planning Commission on said appeal shall be final and conclusive." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 5th day of June 968. ATTEST: UL^^cJ f3oJL(L^ THELMA L. BALKUS, City Clerk tr^^A,li^^^ JOstt,-, n / \ / H MCflATON, Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES) S3? CITY OF BALDWIN PARK I, THELftA L, BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 523 was regularly introduced and placed upon Its first reading at a regular meeting of the City Council w the 15th day of May 1968, That, thereafter, said Ordinance was dujy adopted and passed at a regular meeting of the City Council on the 5th day of June__________, 1968, by the following vote; CouncIImen AYE MAY N.y. A.B. Council men AYE W N.V. A.B. ADAiR X MuKLHEAD X CR1TES X2 McCARONy MAYOR X GREGORY XI X Indicates Vote A-.B. Absent N^V. Not Votino M^L^ c^L^ THELffiA L. BALKUS, CitY CLERK BIB] 37946-U01 ORD-U02 523-U02 LI2-U03 FO31549-U03 FO31555-U03 DO31574-U03 C5-U03 ORDINANCES-U03 11/20/2003-U04 ROBIN-U04