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HomeMy WebLinkAboutOrd 1974-1600 ORDINANCE N0. 1600 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 1483, ARTICLE 2 , SECTION 34 . 203 OF THE CHULA VISTA CITY CODE RELATING TO DEFERRAL OF -- REQUIREMENTS FOR UNDERGROUNDING UTILITIES The City Council of the City of Chula Vista does ordain as follows: SECTION 1: That Ordinance No. 1483, Article 2 , Section 34 . 203 of the Chula Vista City Code be, and the same is hereby amended to read as follows : Sec. 34 . 203 . Deferral of Requirements . An o w n e r or public utility company may request that the City Council vary from or defer the requirements of this Article. The applicant for such variance shall pay the sum of FIFTY DOLLARS ($50 . 00) at the time said appli- cation is submitted to the Department of Public Works to cover the cost of the public hearing to be noticed by the City Clerk in accordance with notification requirements of the laws of the State of California. After conducting said public hearing the Council may defer the requirements ' of this Article after the Council finds from the evidence presented at the hearing that all of the following facts exist: 1. That extraordinary conditions exist to the extent that enforcement of this subsection would result in unnecessary hardship to the .o w n e r or the utility company. " 2 . That such deferral will not, under the circum- stances of the particular case, be detrimental to the health, safety or general welfare of the neighbor- hood. In the event that the Council elects to defer the under- grounding requirements, the subdivider shall enter into an agreement with the City stipulating the acceptance of the establishment of an undergrounding district at some future date, and waiving any protests against such a district. Said agreement shall be binding upon the heirs, successors and assigns of the o w ri e r )_ and shall be recorded. SECTION 2 : This ordinance shall take effect and be in full force on the thirty-first day from and after its passage and approval . Presented and Approved by r,.,._----- � r _ George . Lindberg, City Atto y � . , . � . �, . .. . - ADOPTED AND APPROVED BY THE CITY COUNCIL OF .THE CITY OF CHULA VISTA, CALIFORNIA, this 17_th day of December , , � �i 197 y , by the following vote, to-wit: AYES: Councilmen Hobel , Hamilton , Hyde , Egdahl , Scott NAYES: Councilmen None ABSENT: Councilmen Hone \��KO�Ld��"•/ �"'��"`���^-'�'- . Mayor of the City of Chula Vista / ATTEST ��.���a, 1��� / City Zerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DA_�ED (SEAL) City Clerk � o � 0 CC-660 '