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Ordinance - 1734E • 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 • 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. 1 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 2 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 3 • 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 4 service poles and lines upon completion of the temporary use. (e) The installation of interset poles for risers when the is 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. 5 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