Menifee Zoning Code Ch. 9.230 Utilities

Contents:

9.230.010 Purpose

9.230.020 Applicability

9.230.030 Development Standards – Residential

9.230.040 Development Standards – Commercial and Industrial

9.230.050 Deferral of Undergrounding

This chapter establishes requirements for the undergrounding of utilities, both on-site and off-site.

The regulations contained in this chapter shall apply to the construction, change or expansion of a use or structure and require that utilities are undergrounded in accordance with the requirements in this chapter. The requirements of this chapter shall apply to the following:

1. New Uses and Buildings. For all buildings erected and all uses of land established after the effective date of this Title, utilities shall be undergrounded as required by this chapter.
2. Modification to Existing Structures and Uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than 25% in the number of existing dwelling units for residential projects of more than 10 units, or more than 25% in the existing square footage of commercial or industrial projects where such expansion exceeds 10,000 square feet in size, utilities shall be undergrounded as required by this chapter.

Utilities shall be installed in accordance with the following standards for residential projects:

1. Projects of More Than 5 Units. All utilities serving residential projects of more than 5 dwelling units shall install underground utilities both on-site and in the public right-of-way, including existing utilities.

2. Projects of 5 or Fewer Units. All utilities serving residential projects of 5 dwelling units or less shall install underground utilities as follows:

3. On-Site. All on-site utilities shall be installed underground.

4. Public Rights-of-Way. All utilities in the public right-of-way, including existing utilities, shall be installed in a manner consistent with the existing surrounding improvements directly abutting the subject property.

All utilities serving new commercial or industrial projects shall install underground utilities both on-site and in the public right-of-way, including existing utilities.

1. Applicability. A request for deferral shall apply only to the undergrounding of existing off-site overhead utilities.

2. Request for Deferral. Request for a deferral of undergrounding utilities shall be made in writing to the City Manager.

3. Approval Authority.

4. For any project for which the Community Development Director is the designated approving authority, the City Manager shall have the discretion to either require the undergrounding of off-site utilities or defer such undergrounding, subject to the requirements of Subsection 9.230.050.D.

5. For any project for which the Planning Commission or City Council is the designated approving authority, the applicable approval authority shall have the discretion to either require the undergrounding of off-site utilities or defer such undergrounding, subject to the requirements of Subsection 9.230.050.D.

6. Findings for Approval and Requirements. Any approval for the deferral of utilities is subject to the following.

7. The request shall be supported by cost estimates prepared by a licensed professional and approved by the City Engineer. All cost estimates shall be provided by the applicant at the time of the request.

8. A finding that the cost of such undergrounding or the impact of such undergrounding on adjacent properties exceeds a reasonable cost based on the scale of the proposed project.

9. The property owner shall be required to enter into a deferred improvement agreement committing the participation of the property in its fair-share cost of such undergrounding at a future date.

10. Undergrounding of utilities shall be in a manner consistent with the surrounding improvements directly abutting the subject property at the time such undergrounding of utilities occurs.