Ordinance - 1734E
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ORDINANCE NO. 1734
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING ARTICLE IV OF
CHAPTER 23 OF THE WEST COVINA MUNICIPAL CODE
RELATING TO UNDERGROUND SERVICE LINES
WHEREAS, over twenty-five years ago the City adopted an ordinance regu-
lating the undergrounding of utility lines; and
WHEREAS, since that time the California Public Utilities Commission
has adopted Rules regulating undergrounding which pre-empt City regulations;
and
WHEREAS, the City desires to continue the regulation of undergrounding
within the authority granted through State Law and in conformance with the
Public Utilities Commission Rules,
NOW, THEREFORE, the City Council of the City of West Covina does ordain
as follows:
SECTION 1. Article IV of Chapter 23 of the West Covina Municipal Code
is hereby revised and amended to read as indicated on the attachment to this
ordinance.
SECTION 2. The City Clerk shall certify to the adoption of this
ordinance and shall cause the same to be published as required by law.
APPROVED AND PASSED this llth day of November , 1986.
ATTEST:
Al
City C e
State of California )
County of Los Angeles) ss.
City of West Covina )
I, Helene M. Mooney, City Clerk of the City of West Covina, California,
do hereby certify that the foregoing Ordinance No.1734 ___ was regularly
introduced and placed upon its first reading at a regular meeting of the City
Council on the27t}day of OctnhPr , 1986. That thereafter said
Ordinance was ud ly adopted and passed at a regular meeting of the City Council
on the llth day of November , 1986, by the following vote, to wit:
Ayes: Councilmembers:
Noes: Councilmembers:
Absent: Councilmembers:
Tennant, Bacon, Manners, Chappell, Shearer
None
PPROVED AS TO FORM: _ C Ty C1erK
dA4&A* I City Attorney
ARTICLE IV. UNDERGROUND SERVICE LINES
Sec. 23-272 Finding of fact
The City Council hereby finds, determines and declares that the
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public
safety requires that
all electrical,
telephone,
telegraph,
cable
television and similar
service lines
in the city
be placed
underground for the following reasons:
(a)*' In the event of wind, rain or electrical storms,
overhead lines increase the probability of fires
and accidental electrocution. Also the incidence
of service interruptions increases thereby limiting
citizen communication with public safety providers.
(b) Overhead lines create additional hazards to the
general public, firefighters, tree maintenance
workers and construction personnel using cranes,
booms and other construction equipment.
(c) In areas adjacent to existing or committed under-
ground development there are hazards to persons in
the flying of kites for they might not have know-
ledge of overhead lines nearby.
Therefore, the installation of and conversion to underground ser-
vice lines promotes and preserves the health, safety and general
welfare of the public and assures the orderly development of
the city. The City Council hereby finds, determines and declares
that it is in the public interest for all services lines to be
placed underground.
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Sec. 23-273 Placement underground required
In addition to the provision for undergrounding established
by California Public Utilities Commission rules, tariffs and
• regulations:
(a) Any new on -site service lines which provide direct service
to the improvement and/or property being developed shall be
placed underground. The owner/developer/builder requiring
such new lines shall be responsible for making arrangements
with the service provider and/or City for such underground in-
stallation and for the payment of all related costs.
(b) Any line extensions by service providers, which provide
direct service to the improvement and/or property being de-
veloped, shall be placed underground. The owner/developer/
builder requiring such extension shall be responsible for making
arrangements with the service provider and/or City for such
underground installation and for the payment of all related
costs.
(c) Any relocated on -site service lines shall be place under-
ground whenever such relocation is necessitated by a building
addition or alteration which either increases the square foot
area by more than fifty percent (50%) of the existing area of
the building or increases the value by more than fifty percent
(50%) of the existing value of the building. The City Building
Official shall determine whether this requirement applies on a case
by case basis. The owner/developer/builderr requiring such
relocation shall be
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responsible for making arrangements with the service provider
and/or City for such underground installation and for the pay-
ment of all related costs.
Sec. 23-274 Modification of requirements
If the enforcement of the provisions of the preceeding section
would result in undue hardship to any person due to topographical,
soil or other consitions, an application by said person may be
made for a modification of the provisions of that section in
the following manner:
(1) Written application shall be filed with the Planning
Department.
(2) The application shall include all information necessary
to properly apprise the Planning Commission of the cir-
cumstances existing which require a modification. A
copy of the application shall be forwarded to the City
Engineer for a report and recommendation.
(3) Within thirty (30) days after the filing of the appli-
cation, the Planning Commission shall conduct an informal
hearing on the application. Upon completion of the
hearing, the Planning Commission may grant, partially
grant, or deny the application.
(4) Within twenty (20) days after the action of the Planning
Commission, an appeal of the action may be made to the
Council by any interested person or party and within
thirty (30) days after an appeal, the City Council shall
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conduct an informal hearing thereon and may grant, partially
grant, or deny the application.
(5) The filing fee for the application for modification
shall be such fee as the City Council from time -to -
time shall establish by resolution. Such fee shall
be paid to the City at the time of filing. No appli-
cation shall be considered filed until the established
fee has been paid to the City.
Sec. 23-275 Exemptions
The following conditions are exempt from provisions of this
article:
(a) Public utilities doing work governed by the rules, regula-
tions and tariffs of the California Public Utilities
Commission.
(b) Electrical transmissions facilities for nominal voltages
in excess of thirty-three thousand (33,000) volts.
(c) The installation of temporary service lines and poles in-
stalled for construction purposes and removed prior to
occupancy of the structure being built or remodeled.
(d) The installation of temporary service lines and poles for
temporary use when a Temporary Use Permit has been issued
and when such permit requires removal of the temporary
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service poles and lines upon completion of the temporary
use.
(e) The installation of interset poles for risers when the
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adjacent existing pole(s) do not have adequate room for
the risers.
(f) Appurtenances and associated equipment including, but not
limited to, surface mounted transformers, pedestal mounted
terminal boxes and meter cabinets and concealed ducts in
an underground system.
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CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that a true and accurate copy of
Ordinance No. % %37' was published, pursuant to law, in the San
• Gabriel Valley Tribune, a newspaper of general circulation published
and circulated in the City of West Covina.
Janet Berry, City Clerk
City of West Covina, Ca ornia
DATED: s