HomeMy WebLinkAboutOrd 77 ORDINANCE NO. 77
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, AMENDING THE CATHEDRAL CITY BUILDING
CODE BY REQUIRING THAT WIRES AND ASSOCIATED
STRUCTURES IN NEW CONSTRUCTION GENERALLY BE
INSTALLED UNDERGROUND.
The city council of the City of Cathedral City, California, does ordain as follows:
SECTION 1. The National Electrical Code, 1981,referred to as part of the Cathedral
City Building Code in Section 8.04.020 of the Cathedral City Municipal Code, hereby is
amended by adding a new article to Chapter 1 of said Electrical Code, to be numbered
"Article 120" and reading as follows:
ARTICLE 120
UNDERGROUND WIRES
SECTIONS:
120-1 Declaration of Cause, Necessity.
120-2 Definitions.
120-3 When Underground Installation Required.
120-4 Exceptions - Generally.
120-5 Exceptions--Approval by Director of Community
Development.
120-6 Initial Obligation.
120-7 Waiver.
120-8 Appeals.
120-9 Nonconformance-Termination.
120-1. Declaration of Cause, Necessity. The City Council finds that the preservation
and protection of the health, safety and general welfare of the residents of this city, and the
public at large, requires that all poles, wires and associated structures, as defined in
subsection (b) of Section 120-2 shall not be constructed, placed and installed above the
surface of the ground for the following reasons:t (a) Poles, wires and associated structures which are constructed
above the surface of the ground are a hazard to the residents and
general public in the City of Cathedral City because the City is
located in Seismic Zone #4 as defined by the Uniform Building Code.
Because of the proximity of the City to the San Andreas Fault, which
is two miles northeast of the City of Cathedral City, and two lesser
faults, the Banning Mission Creek and San Jacinto Faults, the
intensity of ground shaking is expected to be significantly higher than
for the general Southern California area.
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(b) Poles, wires and associated structures, which are
constructed, placed or installed above the surface of the ground, are
a hazard to the safety and health of operators of motor vehicles and
passengers therein since they constitute encroachments
which reduce and obstruct the vision of such operators and thereby
preclude a reasonable response time by an operator to an emergency
situation after noticing such Said poles, wires and associated
structures are a danger to fire suppression and prevention personnel,
street maintenance and utility personnel, who, by reason of their jobs
and duties, frequently come in close proximity thereto, particularly
when using ladders, booms, and cranes. The construction, placement
and installation of such wires and associated structures underground
will substantially reduce said hazards.
(c) Said poles, wires and associated structures also create
dangerous situations, causing death, injuries and property damage
through fires and electrocution by reason of being toppled, tipped and
otherwise displaced by uncontrolled weather elements such as rain,
wind, and electrical storms. Said hazards will be substantially
eliminated by the construction, placement and installation of said
wires and associated structures underground.
(d) The location of such poles, wires and associated
structures above the ground surface makes them susceptible to
damage, destruction, and being rendered inoperable by weather or
human causation. This results in services provided thereby to be
interrupted, the uninterruped continuation of which is vitally needed
for the protection of the public health, safety and general welfare,
particularly life saving institutions such as hospitals and fire and law
enforcement communication facilities. The construction, placement
and installation of said wires and associated structures underground
reduces the chances of such interruption.
(e) The existence of poles, wires and associated structures
above the ground is detrimental to the general welfare of the city by
its blight on the natural beauty and aesthetic environment of the
city, and the resulting interference with the restfulness, tranquility
and pleasure of city residents in viewing the natural landscape of the
city. The underground installation, placement and construction of
wires and associated structures will enhance and preserve the natural
beauty and landscape of the city by keeping from public view such
functional, but nonaesthetic facilities.
120-2. Definitions. Whenever the following words or phrases are used in this article,
they shall have the respective meanings as stated in this section in the following definitions:
(a) "Community antenna television system" (in this chapter
referred to for convenience as "CATV") means a system of antennas,
coaxial cables, wires, wave guides, or other conductors, equipment or
facilities designed, constructed or used for the purpose of providing
television or FM radio service by cable or through its facilities.
(b) "Poles, wires and associated structures" mean poles,
towers, supports, wires, crossarms, braces, transformers, insulators,
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cutouts, switches, communication circuits, appliances, attachments
and appurtenances used in whole or in part for supplying, distributing
or transmitting electric energy, radio signals, television signals,
telegraphic signals, and providing telephone, electrical, light, radio,
television, telegraphic and CATV services or any similar associated
services to a building or structure and the occupants thereof, if any.
(c) "Service" has the same meaning as said term is defined in
the National Electrical Code, including tables thereof and the Basic
Electrical Regulations of the State of California.
(d) "Utility" includes all persons supplying, transmitting or
distributing electrical energy and service, radio signals, television
signals, telegraphic signals, and providing telephone, electrical, light,
radio, television, telegraphic and CATV services or any similar
associated services by means of poles, wires and associated
structures.
120-3. When Underground Installation Required. Except as otherwise provided in this
article, all poles, wires and associated structures which: (a) provide direct service to the
property being developed; or (b) are existing and located within the boundaries of the
property being developed; or (c) are existing between the property line and the centerline of
the peripheral streets of the property being developed; or (d) are located along or within six
feet of the rear or side lot lines of the property to be developed; shall be installed
underground.
120-4. Exceptions--Generally. The provisions of this article shall not apply to the
following poles, wires and associated structures (in this article referred to collectively as
"utility facilities") under the circumstances as hereinafter described:
(a) Utility facilities constructed, placed or installed (in this
article referred to collectively as "constructed") or proposed to be
constructed within six feet of the lot line of any real property for
which service is being or intended to be provided by said utility
facilities, if the sole purpose of the construction of utility facilities
is to terminate overhead utility facilities; provided, however, said
utility facilities may be placed at a distance further than six feet
from said lot line to enable a maximum underground run of two
hundred feet.
(b) Surface-mounted transformers, pedestal-mounted
terminal boxes, meter cabinets, concealed ducts and other
appurtenances and associated equipment, which are part of and
necessary for the operation of an underground electrical,
communication, CATV, radio, or telegraphic system.
(c) Utility facilities installed by a utility for temporary
purposes, including, but not limited to, servicing building construction
projects for which valid building permits have been issued by the city,
and which uses are being or proposed to be conducted in compliance
with all requirements of the Cathedral City Municipal Code,
including its building code, electrical code and zoning regulations.
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(d) Utility facilities which distribute, supply, and transmit
thirty-four thousand volts or greater of electrical energy.
120-5 Exceptions--Approval by Director of Community Development. The following
further exceptions shall apply, subject in each case to the specific written approval of the
Director of Community Development and then only on the basis of a formal request
detailing the reasons therefor:
(a) In residential areas where utility service poles presently
exist along or near rear lot lines, overhead utility lines to serve
residential structures may be permitted. This exception may be
applied to existing subdivided property where building permits have
not been issued, but shall not apply to new residential subdivisions.
(b) On developments consisting of three lots or less that do not
in total exceed six hundred feet of frontage for residential proposals
or six hundred feet of frontage for commercial development, the
Director of Community Development may waive construction of
underground utilities along the peripheral streets or property lines.
However, in such a situation, an estimated cost for undergrounding
utilities along the peripheral streets shall be determined and a cash
bond in this amount shall be deposited with the city. This bond shall
be held in trust by the city until an area sufficient in size to warrant
the formation of an underground utility district or until costs for
undergrounding a six-hundred-foot length of street have been
collected.
120-6. Initial Obligation. The owner, lessee, tenant or occupant of a building or
structure or the owner of property proposed to be developed by a building or structure has
the initial obligation to comply with all the requirements of this article, and in performance
of said obligation shall make the necessary arrangements with the appropriate utility for the
installation and construction of utility facilities so that they will be in compliance with the
provisions of this article. This section is not intended to eliminate or limit the obligation of
any person, including a utility, to comply at all times with all provisions of this article, but
expresses the City Council's intent as to who has the primary obligation of compliance.
120-7. Waiver. If any person believes that the application of any provision of this
article is impractical and will cause practical difficulties and unnecessary hardship to him or
the public in general due to certain topographical conditions, street configurations,
underground obstacles, soil, water or other natural conditions which would make the
underground installation of utility facilities unreasonable, said person may apply in writing
to the City Council for a waiver of such provision of this article. Said application shall be
filed with the City Clerk and the City Council shall consider said application no later than
thirty days thereafter, at which time it shall hear the applicant's evidence in support of the
application, the comments and recommendations of this city's employees and officials
thereon. It may hear other parties. The City Council may grant a waiver from all or any
provisions of this article after considering a specific application therefor and after making a
finding that the application of the specific provision in question would be unreasonable,
impractical and cause undue hardship to the applicant or the general public. If the City
Council does grant a waiver, it may impose reasonable conditions on said grant in the
interest of protecting and preserving the public health, safety and general welfare. The
City Council shall make its decision on the application no later than thirty days after it has
concluded its consideration thereof. The decision of the City Council shall be final.
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120-8. Appeals. Any aggrieved person, including a property owner or utility, may
appeal any decision by the city's principal planning or building official under this article to
the City Council by filing a written notice of appeal with the City Clerk no later than ten
days after the official's decision. Said notice of appeal shall clearly state the appellant's
contentions as to how the official made an improper or incorrect decision. Upon timely
filing of a written notice of appeal, the City Council shall consider such and take action
thereon within a reasonable time after the notice of appeal has been filed. The City Council
shall hear the appellant and any evidence he wishes to produce in support of his appeal, and
shall hear the official and any evidence he wishes to submit in support of his decision. The
City Council may hear and consider other evidence. The City Council's action on said
appeal may be by motion and shall be final.
120-9. Nonconformance-Termination. Any utility facility, which is not in conformity
with the provisions of this article as of the effective date of this ordinance, shall be
considered nonconforming and may continue to be used and may be altered, enlarged, or
have additions thereto in its existing location without any provisions of this article being
applicable thereto; provided, however, that when any building or structure to which any
utility facility provides any service is enlarged or an addition is made thereto and the cost
of replacing said building or structure with its addition or enlargement exceeds by fifty
percent or more the cost of replacing said building or structure prior to its enlargement or
the addition thereto, all utility facilities which provide service to such building or structure
as described in the aforesaid provision clause shall be caused to comply with all provisions of
this article. Also, whenever an existing electrical service is relocated or renewed on
nonconforming property, or a new service is established on nonconforming property, any
such relocated, renewed or new service shall be caused to comply with all the provisions of
this article. Further, whenever any development takes place on a vacant parcel of land over
which or in front of which, utility facilities cross or pass, all such utility facilities shall be
caused to comply with all the provisions of this article.
The term "cost of replacing," as used in this section means those costs as computed by
the city's principal planning or building official or his delegated representative. In making
said computation, said city official shall use those tables and figures provided in that
publication entitled "Building Standards," as published by International Conference of
Building Officials, Whittier, California, and which is current at the time of such
computations. Said tables and figures shall apply to a building which would conform to all
the city and state regulations, including the city's building, plumbing, wiring, mechanical,
fire codes and zoning regulations, which are effective at the time of the computation.
SECTION 2. The City Clerk shall forward directly to the California Department of
Housing and Community Development for filing therewith, a certified copy of this
ordinance.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effective
thirty (30) days after passage.
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SECTION 4. POSTING. The City Clerk shall within 15 days after passage of this
ordinance, cause it to be posted in at least the three public places designated by resolution
of the City Council; shall certify to the adoption and posting of this ordinance; and shall
cause this ordinance and its certification, together with proof of posting, to be entered in
the book of ordinances of this City.
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The foregoing ordinance was approved and adopted at a meeting of the City Council
held on this 6th day of June ,1984, by the following vote:
AYES: Councilmembers Krings, Murphy, Smith, Martin and Mayor Case
NOES:
ABSENT:
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ATTEST:
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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I HEREBY CERTIFY that the foregoing Ordinance No 77 was duly adopted
by the City Council of the City of Cathedral City, California, in a meeting
thereof held on the 6th day of June, 1984, and that the same was posted
within 15 days of the above date in at least the three public places
specified for such postings by the said City Council.
AN M. SNYDER
DEPUTY CITY CLERK
CITY OF CATHEDRAL CITY
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