Whenever in Sections 12.36.010 through 12.36.120 the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:
"Commission"
means the California Public Utilities Commission.
"Underground utility district" or "district"
means that area in the city within which poles, overhead wire and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 12.36.040.
"Person"
means and includes individuals, firms, corporations, partnerships and their agents and employees.
"Poles, overhead wires and associated overhead structures"
means poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.
"Utility"
includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Ord. 747, 1968; Ord. 771 § 2, 1970)
A. 
The council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service.
B. 
The city clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least fifteen days prior to the date of such hearings.
C. 
Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.
(Ord. 747, 1968; Ord. 771 § 2, 1970; Ord. 1209, 1983)
Prior to holding such public hearing, as provided in Section 12.36.020, the city engineer shall consult with all affected utilities and shall prepare a report for submission at the hearing containing, among other information, the extent of such utilities' participation and the estimate of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
(Ord. 747, 1968; Ord. 771 § 2, 1970; Ord. 1209, 1983)
If after any public hearing conducted as provided in Section 12.36.020 the council finds that the public necessity, health, safety or welfare requires such removal and such underground installations within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation of facilities. Such resolution shall include a description of the area composing such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 747, 1968; Ord. 771 § 2, 1970)
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 12.36.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires as associated overhead structures in the district after the date when the overhead facilities are required to be removed by the resolution, except as the overhead facilities are required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 12.36.100, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in Sections 12.36.010 through 12.36.120.
(Ord. 747, 1968; Ord. 771 § 2, 1970)
A. 
Notwithstanding the provisions of Sections 12.36.010 through 12.36.120, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the city council in order to provide emergency service.
B. 
The city engineer may grant special permission, on such terms as the engineer deems appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
(Ord. 747, 1968; Ord. 771 § 2, 1970; Ord. 1209, 1983)
Sections 12.36.010 through 12.36.120 and any resolution adopted pursuant to Section 12.36.040 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. 
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
B. 
Poles or electroliers used exclusively for street lighting;
C. 
Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connection to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and overhead structures are not prohibited;
D. 
Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;
E. 
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from the location on the building to another location on the same building or to an adjacent building without crossing any public street;
F. 
Antennae, associated equipment and supporting structures used by a utility for furnishing communication services;
G. 
Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
H. 
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
(Ord. 747, 1968; Ord. 771 § 2, 1970; Ord. 1209, 1983)
A. 
Within ten days after the effective date of a resolution adopted pursuant to Section 12.36.040, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution or the adoption thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
B. 
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.36.040, together with a copy of Sections 12.36.010 through 12.36.120, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Ord. 747, 1968; Ord. 771 § 2, 1970)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.36.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
(Ord. 747, 1968; Ord. 771 § 2, 1970)
A. 
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 12.36.0'90 and the termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
B. 
In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 12.36.040, the city engineer shall post written notice on the property being served and thirty days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.
(Ord. 747, 1968; Ord. 771 § 2, 1970; Ord. 1209, 1983)
The city shall remove at its own expense all city-owned equipment from all poles required to be removed under Sections 12.36.010 through 12.36.120 in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 12.36.040.
(Ord. 747, 1968; Ord. 771 § 2, 1970)
In the event that any act required by Sections 12.36.010 through 12.36.120 or by a resolution adopted pursuant to Section 12.36.040 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Ord. 747, 1968; Ord. 771 § 2, 1970)
Pursuant to the requirements of Sections 12.36.130 through 12.36.180, whenever any tentative tract or parcel maps or map for the reversion of lots to acreage is filed or whenever a building permit is requested for the development or redevelopment of new or relocated buildings or structures, or whenever a residential building or use is converted to any purpose or use other than that which existed at the time of conversion, then all electrical, telephone, community antenna television and similar service wires or cables, which provide direct service to the property being developed shall, within the exterior boundary lines of such property and the off-site service line from the point of source, be installed underground.
(Ord. 771 § 4, 1970; Ord. 1125, 1980)
Whenever a use or building permit is requested for the addition of floor space equal to or in excess of two hundred square feet is added to an existing building or structure in any zone except R-1, or whenever a new electrical service is installed in an existing building in any zone except R-1, then all electrical, telephone, community antenna television and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary lines of such property, be installed underground.
(Ord. 771 § 4, 1970; Ord. 1125, 1980)
For the purposes of Sections 12.36.130 through 12.36.180, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal bases and meter cabinets, may be placed aboveground.
(Ord. 771 § 4, 1970; Ord. 1125, 1980)
The developer or owner is responsible for complying with the requirements of Sections 12.36.130 through 12.36.180 and shall provide all necessary facilities on their premises so as to receive such services from the supplying utility or utilities subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the State Public Utilities Commission.
(Ord. 771 § 4, 1970; Ord. 1125, 1980)
Where practical difficulties or unnecessary hardships inconsistent with the purposes of Sections 12.36.130 through 12.36.180 result from their literal interpretation or enforcement, the planning commission may waive, modify or delay the application of any undergrounding requirement upon written request by a building site owner. Such request shall be filed with the planning commission and shall contain any and all facts which are offered in support.
(Ord. 771 § 4, 1970; Ord. 1125, 1980)
If the planning commission's action is to delay the installation of required underground utilities as provided in Section 12.36.170, it may require the building site owner to file with the city a cash deposit, and record a covenant sufficient to provide for the future installation of the underground features which are to be delayed. The amount of the cash deposit shall be determined by the building director.
(Ord. 771 § 4, 1970; Ord. 1125, 1980)