HomeMy WebLinkAboutOrdinance #2222 ORDINANCE NO. 2222
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING SECTIONS 9730. 8 THROUGH 9730. 12
AND ARTICLE 975 THEREOF, AND ADDING TO THE
HUNTINGTON BEACH MUNICIPAL CODE NEW CHAPTER
17 . 64 ENTITLED, "UNDERGROUNDING OF UTILITIES"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Sections 9730. 8 through 9730. 12 and Article
975 of the Huntington Beach Ordinance Code are hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto new chapter 17. 64 entitled, "Under-
grounding of Utilities" to read as follows :
17. 64. 010 Definitions. The following terms or phrases
as used in this chapter shall, unless the context indicates
otherwise, have the respective meanings herein set forth:
(a) "Commission" shall mean the Public Utilities Commission
of the State of California.
(b) "Underground utility district" or "district" shall mean
that area in the city within which poles , overhead wires and as-
sociated overhead structures are prohibited as such area is de-
scribed in a resolution adopted pursuant to the provision of
section 17 . 64 .110 of this chapter.
(c) "Poles , overhead wires and associated overhead struc-
tures" shall mean poles , towers , supports, wires, conductors,
guys, stubs, platforms , crossarms, braces, transformers, insu-
lators , cutouts, switches, communication circuits appliances,
attachments and appurtenances located aboveground within a dis-
trict and used, or useful, in supplying electric , communication
or similar or associated service.
(d) "Utility" shall include all persons or Entities sup-
plying electric, communication or similar or associated service
by means of electrical materials or devices .
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10/6/77 1.
17. 64.020 Underground utilities coordinating committee
established. There is hereby established an underground utili-
ties coordinating committee for the city of Huntington Beach,
which said committee shall consist of five (5) members as fol-
lows :
(a) Director of public works -
(b) Director of planning and environmental resources
(c) Director of building and community and development
(d) District representative, Southern California Edison
Company
(e) Senior engineer, Public Improvements , G neral
Telephone Company.
17. 64.. 030 Duties . It shall be the duty of he committee
to advise the city council with respect to all to hnical 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.
The director of public works shall be chairman of said com-
mittee. A majority of the members of the Committee, or their
authorized representatives, present at any meetin shall consti-
tute a quorum. Said committee shall meet upon ca 1 of the chair-
man. Members of the committee shall serve at the pleasure of the
city council and without compensation.
17.64. 040 Planning commission review. Prior to submitting
reports to the city council, the committee shall submit all
undergrounding plans to the planning commission in order to as-
certain its recommendations with respect to comprehensive plan-
ning for the city, and the effect of such proposed undergrounding
plans thereon.
17. 64. 050 Underground public utilities facilities . All
new public and private utility lines and distribution facilities,
including but not limited to electric, communications, street
2 .
lighting, and cable television lines , shall be installed -under-
ground, except that surface-mounted transformers , pedestal-
mounted terminal boxes, meter cabinets, concealed ducts in an
underground system and other equipment appurtenant to under-
ground facilities need not be installed underground, and pro-
vided further that cable television lines may be installed on
existing utility poles within subdivisions developed with over-
head 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.
17 . 64. 060 Overhead installation. Installation of overhead
utility lines is permitted for the following:
(a) Relocation and/or the increase of the size of serv-
ice 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 abut-
ting property lines prior to February 15, 1967, and which are
not separated by any alley or public right-of-way and no ad-
ditional utility poles are required;
(c) Temporary uses, including directional signs , tempo-
rary stands, Construction poles , water pumps, and similar uses;
(d) Oil well services .
17. 64. 070 Conversion of overhead utilities . 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.
17. 64. 080 Underground trenches . All underground utility
lines in residential developments which are installed on pri-
vate 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 .
17. 64. 090 Public hearing by council. 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 with-
3.
in 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 con-
tain an estimate of the time required to complete such under-
ground 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 ten (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.
17. 64. 100 Council may designate underground utility dis-
tricts by resolution. If, after any such public hearing the
council finds that the public necessity, health, safety or wel-
fare requires such removal and such underground installation within
a designated area, the council shall, by resolution adopted by
affirmative vote of at least five (5) members of the city council,
declare such designated area an underground utility district and
order such removal and underground installation. Such resolu-
tion 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 equip-
ment necessary for such removal and for the installation of
such underground facilities as may be occasioned thereby.
17. 64. 110 Unlawful to erect or maintain overhead utilities
within district . 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 hereof, it shall be unlawful for any person or
utility to erect, construct , place, keep, maintain, continue,
employ or operate poles , overhead wires and-associated over-
head structures in the district after the date when said over-
head 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 per-
formance by such owner or occupant of the underground work nec-
essary for such owner or occupant to continue to receive utility
4.
service as provided in section 17. 64 . 200 hereof, nd 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.
17. 64. 120 Exceptions--Emergency or unusual circumstance
declared exception. Notwithstanding the provisions of this
chapter, overhead facilities may be installed and maintained
for a period not to exceed ten (10) days without uthority 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 dis-
crimination as to any person or utility, to erect , construct ,
install, maintain, use or operate poles, overhead wires and
associated overhead structures .
17. 64. 130 Exceptions to this chapter. 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 Perim-
eter 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 struc-
tures 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 , associated equipment and supporting struc-
tures , used by a utility for furnishing communication services .
(g) Equipment appurtenant to underground facilities, such
5.
as surface-mounted transformers , pedestal-mounted terminal boxes
and water cabinets and concealed ducts .
(h) Temporary poles , overhead wires and associated over-
head structures used or to be used in conjunction with con-
struction projects .
17. 64. 140 Community antenna television service. Distribu-
tion 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 spec-
ifications adopted by city council resolution. Said improvements
within the public right-of-way, upon completion, shall be dedi-
cated to the city of Huntington Beach.
17. 64. 150 Director of public works--Authority of. 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 judgment , it is de-
termined 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.
17.64. 160 Director of building and community development--
Authority of. The director of building and community development
shall have the authority to waive the on site requirements, as
set out in section 17 .64 . 140, when, in his judgment , it is deter-
mined 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 .
6.
(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 offsite.
17. 64. 170 City council--Appeal to. Any landowner or de-
veloper affected may appeal the determination of the director
of public works or the director of building and community de-
velopment to the city council.
17. 64 . 180 Notice to property owners and utility companies .
Within ten 10 days after the effective date of a resolution
adopted pursuant to section 17.64.110 hereof, 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 af-
fected property owners of the necessity that if they or any per-
son 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.
17. 64. 190 Responsibility of utility companies. If under-
ground 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 equip-
ment required to be furnished by it under its applicable rules ,
regulations and tariffs on file with the commission.
17 . 64 .200 Responsibility of property owners .
(a) Every person owning, operating, leasing, occupying or
renting a building or structure within a district shall con-
struct and provide that portion of the service connection on
his 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 ac-
complished by any person within the time provided for in the
resolution enacted pursuant to section 17. 64 . 110 hereof, 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 thirty (30) days after
receipt of such
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1
(b) The notice to provide the required underground fa-
cilities may be given either by personal service r -by mail.
Incase of service by mail on either or such persons., the
notice must be deposited in the United States mail in a sealed
envelope with postage prepaid, addressed to the person in pos-
session 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 forty-eight (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 forty-eight (48) hours after the mailing
thereof, cause a copy thereof, printed on a card not less than
8" x loll in size, to be posted in a conspicuous place on said
premises .
(c) The notice given by the city engineer tc provide the
required underground facilities shall particularlyspecify what
work is required to be done, and shall state that if said work
is not completed within thirty ( 30) days after receipt of such
notice, the city engineer will provide such required under-
ground 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 thirty (3 ) 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 com-
munications services are being furnished thereto, the city
engineer shall in lieu of providing the required underground fa-
cilities, 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 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 de-
scription of the property against which such cost is to be as-
sessed. 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
ten (10) days thereafter.
(e) The city clerk shall forthwith, upon the time for hear-
ing such protests having been fixed, give a notice in writing to
the person in possession of such premises, and a notice in writing
8 .
thereof to the owner thereof, in the manner herei above provided
for the giving of the notice to provide the required underground
facilities , of the time and place that the counci2 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 fifteen (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 the assessor and tax collector
a notice of lien on each of said properties on which the assess-
ment 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 ifnot
paid when due and payable, shall bear interest at the rate of
6 percent per annum.
17. 64. 210 Responsibility of city. 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 hereof.
17. 64. 220 Extension of time. In the event t at any act
required by this chapter or by a resolution adopte pursuant to
section 17. 64. 110 hereof cannot be performed within the time
provided because of shortage of materials , war, restraint by
public authorities, strikes, labor disturbances, civil dis-
obedience, or any other circumstances beyond the control of
the actor, then the time within which such act will be accom-
plished shall be extended for a period equivalent to the time
of such limitation.
SECTION 3 . PENALTY. It shall be unlawful fo any person
to violate any provisions or to fail to comply wit any of the
requirements of this ordinance . Any person violating any pro-
vision of this ordinance or failing to comply with any of its re-
quirements shall be deemed guilty of a misdemeanor and upon con-
viction thereof shall be punished by a fine not exceeding five
hundred dollars ($500) or by imprisonment not exceeding six (6)
9.
months, or by both such fine and imprisonment . Each such person
shall be deemed guilty of a separate offense for each day during
any portion of which any violation of any of the rovisions of
this ordinance is committed, continued or permitt d by such per-
son, and shall be punishable therefor as provided for in this
section.
SECTION 4 . If any section, subsection, sentence,, clause,
phrase , or portion of this ordinance, or any future amendments
or additions hereto, is for any reason held to be invalid or un-
constitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the re-
maining portions of this ordinance, or any future amendments or
additions hereto. The City Council of the City of Huntington
Beach hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or por-
tion or any future amendments or additions thereto, irrespective
of the fact that any one or more sections, subsections, clauses,
phrases, portions or any future amendments or additions thereto
be declared invalid or unconstitutional.
SECTION 5. The provisions of this ordinance insofar as they
are substantially the same as existing provisions of the Huntington
Beach Ordinance Code relating to the same subject matter shall be
construed as restatements and continuations and not as new en-
actments .
SECTION 6. This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the pas-
sage of this ordinance and cause same to be published within
fifteen days after adoption in the Huntington Beach News, a
weekly newspaper of general circulation, printed and published
in Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7th
day of November 1977 .
Ma
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City Clerk 10.
APPROVED AS TO FORM:
Assist t City Atto
REVIEWED AND APPROVED: INITIA ED AND PPROVED:
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11.
Ord. No 2222
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Counc l at a regular
meeting thereof held on the 17th day o October
1977 , and was again read to said City Council at a reg lar
meeting thereof held on the 7th day of Novembe 19 77 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Wieder, Gibbs, Siebert, Shenkman, �attinson
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen
City Clerk and x-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, Alicia M. Wentworth CITY CLERK of the City of
Huntirt;ton F , :h and k cf fire City
Coun 11, d� !, ..r r ha
s
been N a c:ds on
In acc a C_
ALICIA M. WENTWORTH
-------- ---- - ---- -
ty Clerk
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_ iy Clerk