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HomeMy Public PortalAboutOrdinance 73-367ORDINANCE NO. 73 -367 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING NEW SECTIONS 8700, 8701, 8702, 8703 AND 8704 TO THE TEMPLE CITY MUNICIPAL. CODE RELATING TO UNDERGROUNDING OF UTILITIES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN: SECTION 1. The City Council does hereby find, determine and declare: (a) That the public .interest and welfare require that all utilities for any new developments within the City be installed underground if at all possible; and (b) That the Temple City Municipal Code does not, at present, so require; and (c) That the Planning Commission recommends that the Temple City Municipal Code be amended in the manner hereinafter set forth. SECTION 2. New Sections 8700, 8701, 8702, 8703 and 8704 should be added to the Temple City Municipal Code to read as follows: Section 8700. Undergrounding of Utilities. Except where undergrounding of utilities shall be required by districts established pursuant to the provisions of Chapter 6 of Article VIII, commencing with Section 8600 of this Code, the undergrounding of utility facilities shall be required, except as here- inafter provided, in all of the following circumstances, in accordance with all applicable rules, regulations and tariffs of the respective utility companies providing such service: (1) All land subdivisions of five (5) lots or more; and (2) All new multiple residential uses consisting of five (5) or more dwelling units; and (3) All new commercial or manufacturing uses. Section 8701. Surface Equipment. Notwithstanding the provisions of Section 8700 of this Code, underground installation shall not be required for surface mounted transformers, pedestal mounted terminal boxes, meter cabinets, concealed ducts in underground systems, and other related accessory appurtenances and equipment. Provided, however, that any of the aforesaid facilities which are not located underground shall not be located within any front yard area. Ordinance No. 73 °367 Section 8702. Res onsibilit for Com liance. The owner and /or occupant o any property to w is Section 8700 et seq. hereof applies shall be responsible for compliance therewith, including but not limited to obtaining the installation of required facilities by the appropriate utility company or companies in accordance with applicably rules and regulations set forth by the Public Utilities Commission of the State of California. Section 8703. Exceptions. The owner and /or occupant of any property may, within ten (10) days of the mailing of notice by the Planning: Director requiring complaince with the provisions of Section 8700 et seq. hereof, file a written request for an exemption from the provisions thereof with the Secretary of the Planning Commissiono The matter shall thereafter be heard by the Planning Commission which may grant an exemption from compliance with the provisions of Section 8700 hereof if it finds that compliance with the provisions of Section 8700 of this Code would render the proposed development economically unfeasible. The decision of the Planning Commission shall be final and conclusive at 12 :00 P.M. of the tenth (10th) day following the date of its decision in the absence of a written appeal in the manner hereinafter specified. Upon the filing of an appeal in the manner hereinafter set forth, the decision of the Planning Commission shall be suspended and of no force or effect. Section 8704. Appeals. Any applicant who is aggrieved by the decision of the Planning Commission may file a written letter of appeal with the City Clerk together with a filing and processing fee of. $50, prior to the Planning Commission's action becoming final. Upon receipt of such a written letter of appeal, together with said fee, the matter shall be placed upon the Council, agenda at the next regularly scheduled meeting of the Council at which time the matter shall be heard by the City Council and a decision rendered thereon in accordance with the provisions specified in Section 8703 hereof. The decision of the City Council shall be final. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and to its approval 07 the Mayor and shall cause the same to be published in the Temple City Times, a newspaper of general circulation, printed, published and cir- culated in the City of Temple City. APPROVED and ADOPTED this 20 day of/ February 1973. ATTEST : C M YORE R;0;1 TEM C i ty of Temp e C e ty (--C Je Deputy Cy y Clerk 2 Ordinance No. 73 -367 STATE OF CALIFORNIA ") COUNTY OF LOS ANGELES ) ss: CITY OF TEMPLE CITY ) I HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 73 -367 was introduced at a regular meeting of the City Council of the City of Temple City, held on the 6th day of February, 1973, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk at a regular meeting of the said City Council on the 20th day of February , 1973, by the following vote: AYES: Councilmen-Dennis, Merritt, Tyrell NOES: Councilmen-None ABSENT: Councilmen-Gilbertson, Briggs Ch of Deputy City- Clerk 1