It is the purpose and intent of this chapter to require the
undergrounding of all future utility distribution installations and
all present distribution installations within new subdivisions in
the City except where a tentative subdivision map has been previously
accepted by the Council or sewer and water utilities have been installed
or in those circumstances where such undergrounding would be infeasible
or impractical as set forth in this chapter.
(Prior code § 9200; Ord. 320 § 1, 1973)
Whenever in this chapter the words or phrases defined in this
section are used, they shall have respective meanings assigned to
them in the following definitions:
means the Public Utilities Commission of the State of California.
means the conversion of any apartment building or project
to the condominium or other independent unit form of ownership.
means one where the building permit valuation exceeds $50,000.00,
and includes remodeling work and additions to existing structures
or buildings.
means poles, towers, supports, wires, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts, switches,
communication circuits, appliances, attachments and appurtenances
located aboveground within a district and used or useful in supplying
electric, communication, community antenna television or similar or
associated service.
means the underground placement of all electrical, communication,
CATV and similar distribution service wires and/or cables located
within the exterior boundary lines.
means that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.08.090.
means and includes all persons or entities supplying electric,
communication, television or radio reception or similar or associated
service by means of electric materials or devices.
(Prior code §§ 9204, 9207; Ord. 320 § 1, 1973; Ord. 383, 1973; Ord. 382 § 2, 1976; Ord. 639 §
1, 1984; Ord. 672 § 1, 1986; Ord. 92-860 § 2; Ord. 2007-1053 § 1)
All privately owned public utility distribution systems and
service facilities within the boundaries of any subdivision shall
henceforth be placed underground. Transformers, terminal boxes, meter
cabinets, pedestals, concealed ducts and other facilities necessarily
appurtenant to such underground utilities and street lighting systems
may be placed aboveground.
(Prior code § 9201; Ord. 320 § 1, 1973)
A.
The subdivider shall be responsible for the requirements of this chapter and shall make the necessary arrangements with each of the public utility companies for the installation of underground facilities and the relocation of existing facilities. The subdivider shall provide the City with letters signed by said public utilities indicating that such arrangements have been made with the public utility companies stipulating that the undergrounding of utility facilities will be accomplished concurrent with the filing of the final map of any subdivision as required by this code and the State Subdivision Map Act, and subject to the approval of the City. Arrangements between the subdivider and the public utility companies as a condition of approval of the final map may be deferred as provided Section 13.08.050.
B.
The
provisions of this section shall not require the undergrounding of
power transmission lines of 60,000 volts or more.
C.
Ornamental
street lighting will be required as recommended by the City Engineer
and approved by the City Council.
D.
Radio
reception shall be provided by concealed antennae. Television reception
shall be provided by concealed antennae or by an underground connection
to the cable television transmission facility maintained by the cable
television system franchised by the City to provide such facilities.
(Prior code § 9202; Ord. 320 § 1, 1973; Ord. 382 § 1, 1976)
A.
A subdivider
or public utility company may request that the City Council vary from
or defer the requirements of this chapter.
B.
After
conducting a public hearing, the Council may defer the requirements
of this chapter if 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
chapter would result in unnecessary hardship to the subdivider or
the utility company; and
2.
That
such waiver will not, under the circumstances of the particular case,
be detrimental to the health, safety or general welfare of the neighborhood.
(Prior code § 9203; Ord. 320 § 1, 1973; Ord. 382 § 1, 1976; Ord. 2007-1053 § 2)
A.
For
any development which requires a building permit but is of a valuation
of $50,000.00 or less, the applicant will not be required either to
underground the utilities or to sign a deferral agreement pertaining
thereto.
B.
For
any development of single-family residence(s) or duplex(es) which
exceeds a valuation of $50,000.00, the applicant will be required
to sign a deferral agreement with, and pay a recording fee to, the
City.
C.
Any development of property other than as described in subsection A or B of this section in excess of $50,000.00 valuation will be required to underground all utility services on site, adjacent thereto and those which traverse the site. However, undergrounding of services adjacent to or traversing the site may, at the discretion of the builder or developer, be deferred in accordance with the provisions of this chapter.
(Prior code § 9205; Ord. 320 § 1, 1973; Ord. 338, 1973; Ord. 382 §§ 3,
4, 1976; Ord. 672 § 2, 1986; Ord. 2007-1053 § 3)
The Planning Commission may waive the requirements of this chapter
in a particular case where it is shown, and the Planning Commission
so finds, that topography, soil or other conditions make such underground
installation unreasonable or impractical. The provisions of this chapter
shall not apply to the installation and maintenance of overhead electric
transmission lines and overhead communication long-distance, trunk
and feeder lines.
(Prior code § 9206; Ord. 320 § 1, 1973; Ord. 338, 1973)
A.
The
Council may, from time to time, call public hearings to ascertain
whether the public 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
Council shall call such a hearing upon receipt of a petition signed
by not less than 60% of the property owners within a proposed area.
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 15 days prior to the
date thereof. 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.
(Prior code § 9208; Ord. 320 § 1, 1973; Ord. 456 § 19, 1979)
A.
If,
after any such public hearing, the Council finds that the public health,
safety or welfare requires such removal and such underground installation
within a designated area, and the Council finds that the public utilities
have voluntarily agreed to pay over 50% of all costs of conversion
excluding costs of users' connections, the Council shall by resolution
declare such designated area an underground utility district and order
such removal and underground installation.
B.
Such
resolution shall include a description of the area comprising 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.
C.
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. Immediately following its
adoption, the City Clerk shall cause a certified copy of such resolution
to be recorded in the office of the County Recorder.
(Prior code § 9209; Ord. 320 § 1, 1973; Ord. 456 § 19, 1979)
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 13.08.090, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, except as such overhead facilities may be 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 13.08.130 and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
(Prior code § 9210; Ord. 320 § 1, 1973)
Within 10 days after the effective date of a resolution adopted pursuant to Section 13.08.090, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of 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 applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.08.090, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Prior code § 9213; Ord. 320 § 1, 1973)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.08.090, 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.
(Prior code § 9214; Ord. 320 § 1, 1973)
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his or her property between the facilities referred to in Section 13.08.120 and the termination facility on or within the building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utilities on file with the Commission.
(Prior code § 9215; Ord. 320 § 1, 1973)
A.
In the event any person owning, operating, leasing, occupying or renting property does not comply with the provisions of Section 13.08.130 within the time provided for in the resolution enacted pursuant to the provisions of Section 13.08.090, the Director of Public Works shall post written notice on the property being served, and 30 days thereafter, shall have the authority to order the disconnecting and removal of any and all overhead service wires and associated facilities supplying utility service to the property.
B.
If the requirements of Section 13.08.130 are not accomplished in accordance with those provisions and within the time provided for in the resolution enacted pursuant to Section 13.08.090, the Director of Public Works may determine that the method of enforcement provided in subsection A of this section is not an efficient or effective method of enforcement, and may pursue the following procedure for enforcement of the responsibility of property owners set forth in Section 13.08.130:
1.
Notice.
The Director of Public Works shall give notice in writing to the person
in possession of such premises, and a notice in writing to the owner
thereof as shown on the last equalized assessment roll, to provide
the required underground facilities within 10 days after receipt of
such notice.
2.
Delivery
of Notice. The notice to provide the required underground facilities
may be given either by personal service or by mail. In case of service
by mail on either of such persons, the notice must be deposited in
the United States mail in a sealed envelope with postage prepaid,
addressed to the person in possession of such premises at such premises,
and the notice must be addressed to the owner thereof as such owner's
name appears, and must be addressed to such owner's last known address
as the same appears on the last equalized assessment, and when no
address appears, to General Delivery, City of Imperial Beach. If notice
is given by mail, such notice shall be deemed to have been received
by the person to whom it has been sent within 48 hours after the mailing
thereof. If notice is given by mail to either the owner or occupant
of such premises, the Director of Public Works shall, within 48 hours
after the mailing thereof, cause a copy thereof, printed on a card
not less than eight inches by 10 inches in size, to be posted in a
conspicuous place on the premises.
3.
Contents
of Notice. The notice given by the Director of Public Works to provide
the required underground facilities shall particularly specify what
work is required to be done, and shall state that if the work is not
completed within 30 days after receipt of such notice, the Director
of Public Works will provide such required underground facilities,
in which case the cost and expense thereof, including engineering,
legal, advertising and all incidental expenses, will be assessed against
the property benefitted and become a lien upon such property.
4.
Performance
of Work by Director—Assessment of Costs. If, upon the expiration
of the 30-day period, the required underground facilities have not
been provided, the Director of Public Works shall forthwith proceed
to do the work; provided, however, if such premises are unoccupied
and no electric or communication services are being furnished thereto,
the Director of Public Works shall, in lieu of providing the required
underground facilities, have the authority to order the disconnection
and removal of any and all overhead service wires and associated facilities
supplying utility service to the property. Upon completion of the
work by the Director of Public Works, he or she shall file a written
report with the City Council, setting forth the fact that the required
underground facilities have been provided and the cost thereof, together
with a legal description of the property against which such cost is
to be assessed. The Council shall thereupon fix a time and place for
hearing protests against the assessment of the cost of such work upon
such premises, which time shall not be less than 10 days thereafter.
5.
Public
Hearing—Notice. The Director of Public Works shall forthwith,
upon the dime for hearing such protests having been fixed, give a
notice in writing to the person in possession of such premises, and
a notice in writing to the owner thereof, in the manner provided in
this section for the giving of the notice to provide the required
underground facilities, of the time and place that the Council will
pass upon such report and will hear protests against such assessment.
Such notice shall also set forth the amount of the proposed assessment.
6.
Decision
of Council. Upon the date and hour set for the hearing of protests,
the Council shall hear and consider the report and all protests, if
there be any, and then proceed to affirm, modify or reject the assessment.
7.
Collection—Lien.
If any assessment is not paid within five days after its confirmation
by the Council, the amount of the assessment shall become a lien upon
the property against which the assessment is made by the Director
of Public Works, and the Director shall turn over to the assessor
and tax collector a notice of lien on each of the properties on which
the assessment has not been paid, and the Assessor and Tax Collector
shall add the amount of the assessment to the next regular bill for
taxes levied against the premises upon which the assessment was not
paid. The assessment shall be due and payable at the same time as
property taxes are due and payable and, if not paid when due and payable,
shall bear interest at the rate of eight percent per year.
(Prior code §§ 9216, 9217; Ord. 320 § 1, 1973)
The City shall remove at its own expense all City-owned equipment from all poles required to be removed under this chapter 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 13.08.090.
(Prior code § 9218; Ord. 320 § 1, 1973)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.08.090 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.
(Prior code § 9219; Ord. 320 § 1, 1973)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period not to exceed 10 days
without authority of the Council in order to provide emergency service.
The Council may grant special permission, on such terms as the Council
may deem 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.
(Prior code § 9211; Ord. 320 § 1, 1973)
This chapter and any resolution adopted pursuant to Section 13.08.090, unless otherwise provided in such resolution, shall not apply to the following types of facilities:
A.
Any
municipal facility 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 connecting
to buildings on the perimeter of a district, when such wires originate
in any area from which poles, overhead wires and associated 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 60,000 volts;
E.
Overhead
wires attached to the exterior surface of a building by means of a
bracket or other fixture and extending from one location on the building
to another location of the same building or to an adjacent building
without crossing any public street;
F.
Antennas,
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;
I.
Anchors
and anchor guys originating from poles outside district.
(Prior code § 9212; Ord. 320 § 1, 1973)
Whenever a requirement for the undergrounding of utilities is deferred pursuant to Section 13.08.050 or subsection C of Section 13.08.060, the owners of the subject property shall be required to execute and ac-knowledge an undergrounding agreement, which shall be in substantially the following form:
|
UNDERGROUNDING AGREEMENT
| |
|---|---|
|
THIS AGREEMENT is made by and between the City of Imperial Beach,
a municipal corporation, hereinafter referred to as 'City' and (owner),
hereinafter referred to as 'Owner.'
| |
|
WHEREAS, the Imperial Beach Municipal Code requires the undergrounding
of utility distribution systems in residential and commercial zones
for all new structures or buildings within the exterior boundary of
property to be improved within said zones; and
| |
|
WHEREAS, said Code provides that such undergrounding may be
deferred by the City; and
| |
|
WHEREAS, Owner has requested that the City defer the requirements
of said Code as it affects the real property described in Exhibit
'A' attached hereto and by this reference incorporated herein (hereinafter
'subject property');
| |
|
WHEREAS, Owner agrees to install on the subject property on
or before the ______day of ________, 20____; and
| |
|
NOW, THEREFORE, it is agreed as follows:
| |
|
1.
|
City agrees to temporarily defer the undergrounding requirements
of the Imperial Beach Municipal Code as it affects the subject property.
|
|
2.
|
Owner agrees to install on the subject property at his or her
own expense an electrical meter and underground stubout which meets
all requirements of the Uniform Electrical Code on or before the ______day
of _______, 20____.
|
|
3.
|
Owner agrees to install on the subject property at his or her
own expense a panel box so designed to accept an approved sweep for
future undergrounding of electrical utilities.
|
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4.
|
In the event that the City initiates an undergrounding program
which will affect the subject property or the City or citizens of
City commence proceedings to form an assessment district to carry
out such an undergrounding program, Owner agrees to cooperate in such
program and/or formation of an assessment district. Owner expressly
agrees to waive any right he or she may have to object, oppose or
protect such program or the formation of such assessment district
including, but not limited to, waiving his or her right of protest
pursuant to the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 (California Streets and Highway Code Section 2820
et seq.).
|
|
5.
|
City and Owner agree that this agreement shall be binding on,
and shall inure to the benefit of, their respective heirs, executors,
administrators, successors and assigns. Owner agrees that City may,
in its sole discretion, cause this agreement to be recorded.
|
|
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
| |
|
Dated: __________________________________
CITY OF IMPERIAL BEACH
| |
|
By ____________________________________
CITY MANAGER
| |
|
ATTEST
| |
|
By ___________________________________
CITY CLERK
| |
|
PROPERTY OWNERS
| |
|
_____________________________________
| |
|
_____________________________________
STATE OF CALIFORNIA) ss.
COUNTY OF SAN DIEGO)
| |
|
On _________ before me, the undersigned a Notary Public in and
for the said County and State, personally appeared _________ known
to me to be the person(s), whose name(s) are/is subscribed to the
within instrument as Property Owner(s), and acknowledged that _________
executed the same.
| |
|
Witness by name and official seal:
| |
|
_____________________________________
NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE
| |
|
_____________________________________
(SEAL)
| |
(Prior code § 9220; Ord. 382 § 5, 1976; Ord. 2007-1053 § 4)
