The following terms or phrases as used in this chapter shall,
unless the context indicates otherwise, have the respective meanings
herein set forth:
shall mean the Public Utilities Commission of the State of
California.
shall mean 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 or similar or associated service.
shall mean 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 provision of Section 17.64.110 of this chapter.
shall include all persons or entities supplying electric,
communication or similar or associated service by means of electrical
materials or devices.
(2222-12/77)
There is hereby established an underground utilities coordinating
committee, appointed by the City Council, which said committee shall
consist of five members as follows:
A.
Director
of Public Works;
B.
Director
of Planning;
C.
One
City employee appointed by the City Manager;
D.
District
representative, Southern California Edison Company; and
E.
Senior
engineer, Public Improvements, Verizon.
(2222-12/77, 2382-7/79, 2975-12/88, 3783-10/07)
It shall be the duty of the committee to advise the City Council
with respect to all technical aspects of the undergrounding of public
utilities within the City of Huntington Beach and in that regard the
committee shall:
A.
Determine
the location and priority of conversion work within the City;
B.
Recommend
specific projects and methods of financing;
C.
Recommend
time limitation for completion of projects and extensions of time;
D.
Develop
a long-range plan for establishing underground utilities districts;
E.
Perform
such other duties as may be assigned to it by the City Council.
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The Director of Public Works shall be chairperson of said committee.
A majority of the members of the committee, or their authorized representatives,
present at any meeting shall constitute a quorum. Said committee shall
meet upon call of the chairperson. Members of the committee shall
serve at the pleasure of the City Council and without compensation.
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(2222-12/77, 3783-10/07)
Prior to submitting reports to the City Council, the committee
shall submit all undergrounding plans to the Planning Commission in
order to ascertain its recommendations with respect to comprehensive
planning for the City, and the effect of such proposed undergrounding
plans thereon.
(2222-12/77)
All new public and private utility lines and distribution facilities,
including but not limited to electric, communications, street lighting,
and cable television lines, shall be installed underground, except
that surface-mounted transformers, pedestal-mounted terminal boxes,
meter cabinets, concealed ducts in an underground system and other
equipment appurtenant to underground facilities located on private
property or installed pursuant to a franchise or other agreement need
not be installed underground, and provided further that cable television
lines may be installed on existing utility poles within subdivisions
developed with overhead utility lines.
This section shall not apply to main feeder lines or transmission
lines located within the public right-of-way of an arterial highway
as shown in the circulation element of the General Plan.
(2222-12/77, 3783-10/07)
Installation of overhead utility lines is permitted for the
following:
A.
Relocation
and/or the increase of the size of service on a lot when it does not
necessitate any increase in the number of existing overhead lines
and/or utility poles;
B.
Any
new service when utility poles exist along abutting property lines
prior to February 15, 1967, and which are not separated by any alley
or public right-of-way and no additional utility poles are required;
C.
Temporary
uses, including directional signs, temporary stands, construction
poles, water pumps, and similar uses;
D.
Oil
well services.
(2222-12/77)
Any new overhead service which is permitted by these provisions
shall have installed a service panel to facilitate conversion to underground
utilities at a future date.
(2222-12/77)
All underground utility lines in residential developments which
are installed on private property shall be located along lot lines.
However, the trench for service lines may curve from the lot line
to the building at the nearest, most practical location.
This provision is intended to reduce conflicts which may occur
in future construction because of existing underground utility lines.
(2222-12/77)
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. Prior to holding such public hearing,
the City Engineer shall consult with all affected utilities and shall
prepare a report for submission at such hearing, containing, among
other information, the extent of such utilities' participation and
estimates 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.
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 10 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 affected
shall be given an opportunity to be heard. The decision of the Council
shall be final and conclusive.
(2222-12/77)
If, after any such public hearing the Council finds that the
public necessity, health, safety or welfare requires such removal
and such underground installation within a designated area, the Council
shall, by resolution adopted by affirmative vote of at least five
members of the City Council, declare such designated area an underground
utility district and order such removal and underground installation.
Such resolution shall include a description of the area comprising
such district, the reason for placing public utilities underground
(see Public Utilities Commission Rule 20), and shall fix the time
within which such 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.
(2222-12/77)
Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated structures therein, as provided in Section 17.64.100 of this chapter, it shall be 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 said overhead facilities are required to be removed by such resolution, except as said 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 17.64.200 of this chapter, and for such reasonable time as may be required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.
(2222-12/77)
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.
In such case, the Director of Public Works shall be notified in writing
prior to the installation of the facilities. 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.
(2222-12/77)
The following shall be excluded from the provisions of this
chapter unless otherwise provided in the resolution designating the
underground utilities district:
A.
Poles
or electroliers used exclusively for street lighting.
B.
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 an area from which poles, overhead wires and associated overhead
structures are not prohibited.
C.
Poles,
overhead wires and associated overhead structures used for the transmission
of electric energy at nominal voltages in excess of 34,500 volts.
D.
Any
municipal facilities or equipment installed under the supervision
and to the satisfaction of the City engineer.
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 on the same building or to an adjacent building
without crossing any public street.
F.
Antennas
used by a utility for furnishing communication services.
G.
Equipment
appurtenant to underground facilities, such as surface-mounted transformers,
pedestal-mounted terminal boxes and water cabinets and concealed ducts.
H.
Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects.
I.
Utilities
with existing on-pole services as of the date of this chapter, where
the utility is not the sole user of the poles, and where the utility
is replacing one single wire, cable, or line with another or adding
an additional smaller wire, cable or line, provided that utility will
be placed underground at the time the other utility utilizing the
poles places its service underground.
(2222-12/77, 3635-5/04, 3783-10/07)
At any time a line, cable or wire is taken out of service, or
abandoned or is otherwise no longer used, the utility shall give notice
of non-use to the City. Within six months of the time upon which the
line, cable or wire ceases to be used (the notice date) the utility
shall remove the line, cable or wire from the poles.
(3635-5/04)
Distribution lines and individual service lines for community
antenna television (CATV) service shall be installed underground in
all new developments within the City. All new CATV installations in
said new developments shall be made in accordance with specifications
adopted by City Council resolution. Said improvements within the public
right-of-way, upon completion, shall be dedicated to the City of Huntington
Beach.
(2222-12/77)
The Director of Public Works shall have the authority to waive the requirements of Section 17.64.140 with respect to improvements within the public right-of-way when, in his or her judgment, it is determined to be in the best interest of the City so to do, based upon the following criteria:
A.
Whenever
engineering plans and specifications are not required.
B.
Where
existing improvements such as curbs and gutters, sidewalks, streets,
etc., would have to be removed and replaced.
C.
The
location of existing overhead facilities.
D.
The
location of existing structures.
E.
The
condition of existing street improvements.
F.
The
amount of lineal footage of CATV facilities involved.
(2222-12/77, 3783-10/07)
The Director of Planning shall have the authority to waive the on-site requirements, as set out in Section 17.64.140, when, in his or her judgment, it is determined to be in the best interest of the City so to do, based upon the following criteria:
A.
Where
existing improvements would have to be removed and replaced.
B.
The
location of existing overhead facilities.
C.
The
location of existing structures.
D.
The
condition of existing improvements.
E.
The
amount of lineal footage of CATV facilities involved.
F.
The
interface of the new development to the existing development on the
site.
G.
The
interface to similar facilities required off site.
(2222-12/77, 2975-12/88, 3783-10/07)
Any landowner or developer affected may appeal the determination
of the Director of Public Works or the Director of Planning to the
City Council.
(2222-12/77, 3783-10/07)
Within 10 days after the effective date of a resolution adopted pursuant to Section 17.64.110 of this chapter, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution, of the adoption thereof. Said 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.
(2222-12/77)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 17.64.110 hereof, 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.
(2222-12/77)
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 or her property between the facilities referred to in Section 17.64.190, and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 17.64.110 of this chapter, the City engineer shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 30 days after receipt of such notice.
B.
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, and the notice must be
addressed to such owner's last known address as the same appears on
the last equalized assessment roll, and when no address appears, to
General Delivery, City of Huntington 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 City engineer shall, within 48 hours after the mailing
thereof, cause a copy thereof, printed on a card not less than eight
by 10 inches in size, to be posted in a conspicuous place on said
premises.
C.
The
notice given by the City engineer to provide the required underground
facilities shall particularly specify what work is required to be
done, and shall state that if said work is not completed within 30
days after receipt of such notice, the City engineer will provide
such required underground facilities, in which case the cost and expense
thereof will be assessed against the property benefited and become
a lien upon such property.
D.
If
upon the expiration of the 30 days, the said required underground
facilities have not been provided, the City engineer shall forthwith
proceed to do the work, provided, however, if such premises are unoccupied
and no electric or communications services are being furnished thereto,
the City engineer shall in lieu of providing the required undergrounding
facilities, have the authority to order the disconnection and removal
of any and all overhead service wires and associated facilities supplying
utility service to said property. Upon completion of the work by the
City engineer, 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
said time shall not be less than 10 days thereafter.
E.
The
City Clerk shall forthwith, upon the time 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 thereof to the owner thereof,
in the manner hereinabove provided 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.
F.
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.
G.
If
any assessment is not paid within 15 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 City engineer,
and the City engineer is directed to turn over to the assessor and
tax collector a notice of lien on each of said properties on which
the assessment has not been paid, and said assessor and tax collector
shall add the amount of said assessment to the next regular bill for
taxes levied against the premises upon which said assessment was not
paid. Said assessment shall be due and payable at the same time as
said property taxes are due and payable, and if not paid when due
and payable, shall bear interest at the rate of six percent per annum.
(2222-12/77)
The City shall remove at its own expense all City-owned equipment from all poles required to be removed hereunder 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 17.64.110 of this chapter.
(2222-12/77)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 17.64.110 cannot be performed within the time provided because 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.
(2222-12/77)
