A new Section R115.1 is hereby added to Division II of CRC to read in its entirety as follows.
R115.1 Underground Utilities Required. The Building Official shall, as a condition precedent to the issuance of a Building Permit, require all utility services located within the exterior boundary lines of 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 exceeds fifty (50) percent of the value and/or area of the existing building; or |
3. | A residential building or use is converted to any nonresidential 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.
The owner or developer of the property is responsible for complying with requirements of this section and shall provide all necessary facilities on the property to receive such service from the supplying utilities. Satisfying this requirement requires the service work order from the utility company submitted to the Building Official.
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 result from the literal interpretation of this section, the Building Official may waive, modify, or delay the imposition of any undergrounding requirement imposed pursuant to the section upon written application of any affected property owner. The Building Official shall notify the applicant of his decision in writing by mail. If the Building Official determines to delay the installation of required underground utilities, he/she may require a recorded agreement guaranteeing 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 or require the installation of an over/under electrical service with the underground conduit being installed out to an approved pull-box in the parkway in conformance with current utility requirements.
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 underground system, may be placed above ground.
Any person dissatisfied with the decision of the Building Official may file an appeal pursuant to Sections
2.04.100 to
2.04.130 of the Dana Point Municipal Code.