75A - PH - UNDERGROUND UNTILITY INSTALLATIONS

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Zoning Ordinance Amendment No. 2016 -04 November 14, 2016 Page 2 Staff analyzed several projects including small residential additions, major residential additions, and the construction of second /accessory dwelling units: Several projects had been affected with the high cost of providing underground utilities or having to apply for a waiver, which meant that continuing construction, was determined by the amount of time it took to have the waiver reviewed and by the final decision to approve or the deny the application. Praiect Analysis Staff is proposing several amendments to Chapter 41 of the SAMC, The following sub - section details the proposed modifications to the Zoning Code. Section 41 -626 of the SAMC requires that all utility cables, wires, or feeds be placed underground for certain projects, including new or relocated buildings, additions to existing structures, conversions of buildings to other uses, and changes or increases to services, Currently, this section of the SAMC requires undergrounding of utility cables for any building addition in excess of 25 percent, including residential additions above this threshold. For many of the projects that are approved over -the- counter, the 25% threshold is often seen when property owners wish to add a master bathroorn, a family room, or even one bedroom. The proposed code amendment would increase the threshold to 50 percent for residential (one - family or two- family /duplex) structures. The proposed increase will help property owners streamline the permitting process without creating additional requirements or approvals. No changes will take place regarding the 25 percent threshold for multi - family and non- residential structures. Moreover, the amendment would clarify that the provisions requiring undergrounding of utility cables do not apply when a second /accessory dwelling unit is being constructed. The New state law has provided a framework of requirements to make accessory dwelling units more affordable and accessible to property owners. The proposed modifications will allow property owners the opportunity to construct an accessory dwelling unit without the concern of providing underground utilities (Exhibit 1).. Public Notification The proposed amendments are citywide and the project site is not located within the boundaries of one single neighborhood association. However, staff coordinated a meeting with neighborhood and community groups to discuss the proposed changes, communicated the proposed changes via phone to various community groups, and a notice was published in the Orange County Register. At the time of this printing, no correspondence, by phone, written, or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 16061(b)(3). This exemption applies to projects where it can be seen With certainty that there is no possibility that the activity in question may have a significant effect on 75A -4