HomeMy WebLinkAbout1518 - ORDINANCES - 9/20/1995 ORDINANCE NO. 1518
AN ORDINANCE OF THE CITY OF PALM. SPRINGS,
CALIFORNIA, AMENDING CERTAIN SECTIONS OF TITLE
8, SECTION 8.04.402 AND TITLE 15, SECTION 15.04.010
THROUGH 15.28.180, INCLUSIVE, OF THE MUNICIPAL
CODE, CONCERNING UTILITY LINES AND EXISTING ,
DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Section 8.04.402, of the Palm Springs Municipal Code is hereby amended
to read as follows:
(a) Utility lines of less than 35 kV and overhead service drop conductor(s),
including all lines on-site, abutting and transecting shall b; placed underground when
existing buildings or structures are remodeled or expanded where the modification
increases the building footprint (exclusive of porches and patios) of an existing structure
by more than ten percent for multi-family, commercial and industrial uses and by more
than forty percent for single family use unless undergrounding is deferred pursuant
hereto. Deferral may be permitted by the director of public, works under the following
circumstances: (i) if the length of line to be undergrounded is less than 300 lineal feet,
or (ii) if the cost of undergrounding would be excessive in comparison to the value of the
improvements being constructed and be a financial hardship, or (iii.) if there are
alternative methods of accomplishing the undergrounding, or (iv) there is limited public '
benefit to the undergrounding.
(b) The overhead service drop conductors shall be placed underground when
existing buildings or structures are repaired, remodeled or expanded where the value (as
determined for building permit fee purposes by the building code of the city) of such
repairs or remodeling or expansion in any calendar year exceeds the assessed valuation
of the building or structure, or the amount of twenty thousand dollars, whichever is less.
The undergrounding of utilities may be waived or deferred by the director of planning
and zoning under the following circumstances: (i) if the cost of undergrounding would
be excessive in comparison to the value of the improvements being constructed and be
a financial hardship, or (ii) if there are alternative methods of accomplishing the
undergrounding, or (iii) there is limited public benefit to the undergrounding.
(c) Wherever in this section deferral of undergrounding is approved, a
covenant shall be recorded, running with the land and setting forth the circumstances
under which undergrounding shall be required and giving enforcement rights to the city.
Among other provisions the covenant shall provide that the covenantor shall waive any
right to protest the establishment of any undergrounding assessment district or other area-
wide method of funding such undergrounding including any obligation to reimburse other
parties for their respective share of such undergrounding cost. The city shall retain tine
right to underground such utilities and to receive from covenantor their respective share '
of such cost, and to establish a lien against the property should covenantor not pay such
funds following reasonable notice.
SECTION 2. Sections 15.04.010 through 15.28.180, inclusive, of the Palm Springs
Municipal Code are hereby amended to replace the title 'director of community development'
with the title 'director of public works' where it appears in the text.
116
01518
Page 2
ADOPTED this 20thday of September 19 95
AYES- Members Hodges, Kleindienst, Lyons, Reller-Spurgin and Mayp� yj�r nov
NOES: None �� �J
ABSENT: None
' ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
% r ,
By JL
��City Clerk ` Mayor ✓
REVIEWED & APPROVED AS TO FORM:
I HEREBY CERTIFY that the foregoing Ordinance 1518 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting held on
the 20th day of September, 1995, and that same was published in the
DESERT SUN, a newspaper of general circulation on
( -�JUDITH SUMICH
City Clerk