Loading...
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. 000490 (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, 2 000491 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. 3 000492 (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. 4 000493 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. 4 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. 5 000494 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: ‘,...1/4--,;(:( ''''—j- (l' i---)A1--(—.1--- ATTEST: rifi4 eS22.--" I Y LE RK K APPROVED AS TO FORM: APPROVED AS TO CONTENT: raAe— 4■41.0".....dre - CIT A ORNEY • " "- MANA ER rK 6 000495 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 000496