HomeMy WebLinkAboutCode Amendment 77-10 - Ordinance 2222 - Undergrounding of Ut 1�e DEPARTMENT OF PLANNING AN® ENVIRONMENTAL REsouRc�
0 P. O. BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5271
TO: Floyd G. Belsito, City Administrator -
FROM: Edward D. Selich, Planning Director6b
DATE: October 7, 1977
SUBJECT: CODE AMENDMENT NO. 77-10 "UNDERGROUNDING OF UTILITIES"
STATEMENT OF PROBLEM:
Code Amendment No. 77-10 was continued from the October 3, 1977
City Council meeting for the purpose of incorporating a provision
to require Planning Commission review of staff committee findings
and recommendations concerning undergrounding of utilities.
RECOMMENDED ACTION:
Approve Code Amendment No. 77-10 as amended.
ANALYSIS:
The Planning Commission has in the past been represented on the
Underground Utilities Commission. The Commission approves of the
proposed staff board, the underground utilities coordinating
committee comprised of the Director of Public Works, the Director
of Planning, a district representative from the Southern California
Edison Company and the Senior Engineer for Public Improvements
from Pacific Telephone and Telegraph Company to perform technical
analysis necessary and to make recommendations regarding under-
grounding.
The Commission believes, however, that such recommendationsshould
be reviewed by them in order that the City Council will ultimately
be apprised of these matters as they relate to overall planning
in the City.
ALTERNATIVES:
Approve Code Amendment No. 77-10 without an amendment to require
Planning Commission review.
SUPPORTING INFORMATION:
1. Amended Ordinance
2. August 25 , 1977 Planning Commission Communication
EDS :DE:gc
-7 7 —/0 a�
Page Two
CA 77-10
ENVIRONMENTAL STATUS :
Code Amendment No. 77-10 is exempt from the requirements of
environmental documentation based upon the fact that it is
primarily a clerical amendment in which existing provisions
are being restructured within the Huntington Beach Municipal
and Ordinance Codes.
FISCAL IMPACT OF PROPOSED LEGISLATION:
None
SUPPORTING INFORMATION:
1. Proposed Ordinance
2. August 5, 1977 Staff Report
3. Notice of Exemption
Respectfully submitted,
Edward D. Selich
Secretary
EDS :DE :gc
Afffidavit ®f Publication
State of California
County of Orange ss
City of Huntington Beach
George Farquhar, being duly sworn on oath, says: That he is a
citizen of the United States, over the age of twenty-one years.
That he is the printer and publisher of the Huntington Beach
News, a weekly newspaper of general circulation printed and pub-
lished in Huntington Beach, California and circulated in the said
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide
subscription list of paying subscribers, and said paper has been
established, printed and published in the State of California, and
County of Orange, for at least one year next before the publication lI Published Huntington Beach News, Aug. j
of the first insertion of this notice; and the said newspaper is not 25„1977. Ij
devoted to the interest of, or published for the entertainment of any NOTICE of PUBLIC HEARING
77-10
particular class, profession, trade, calling, race or denomination, or code Amendment that
g N'OTICE IS HEREBY GIVEN that a public
any number thereof. hearing will'be held by the City Council
The Huntington Beach New was adjudicated a legal newspaper of the City of Huntington.Beach, in the
of general circulation by Judge G. K. Scovel in the Superior Court C•o.ugcil Chamber of 'the Civic Center,
of Orange County, California August 27th, 1937 by order No. A-5931. Huntington Beach, at the Hour of possible,
F.M., cr as soon thereafter as possible,
on Tuesday the 6th day of September,
CODE AAEI�DMEI�T 7'�10 1977, -.for the purpose of considering
That the proposed Code Amendment No. 77-?0,
amending the Huntington Beach Ord-
nance Code',by repealing Sections 9730.8
through 9730.12 and Article 975 thereof
of which the annexed is a printed copy, was published in said news- 'and addirig.'to"the Huntington Beach
Municipal. Code. a new. Chapter,17.64
ent;tled . "Undergrounding of Utilities."
one 18suE! Said- amendment is primarily intended
paper at least to incorporate all provisions 'for under-
grounding of utilities into one location
of the Code. A 'copy of said amendment
commencing from the 25th day of August is .on file' .in the Planning.Department
(Offce..'.
August r AIL�inlerested;persons'are invited to at
Of and ending on the Sth day of (tend said`hearing and express their
opinlons for or against'said code amend-
ment.:
19-7-7-, both days inclusive, and as often during said period and Funt"F information may he obtained from I
times of publication as said paper was regularly issued, and in the the.office of the City Clerk.
regular and entire issue of said ews ro er and not in a DATeo: august'1s 1.977,
P P P P r CITY OF. HUNTINGTON BEACH
aper
supplement, and said notice was published therein on the following By: Alicia M. Wentworth
dates, to-wit: City Clerk
Aug, 25, 1977
ublisher
Subscribed and sworn to before me this 26th day of
August 1972--
�Z 41 PU, U 4 . Notary Public
Orange County, California
~-
_ THOMAS D. WYLLIE
7�f 110 Notary Public-California i
Orange County
My Commission Expires
� September 12, 1978 �
City of Huntington Beach
County of ®range
State of California
J ffidavit ofPublication
of GEORGE FARQUHAR _
Publisher Huntington' Beach News
Filed
Clerk
By
Deputy Clerk
�22 Z
ORDINANCE NO.
AN ORDINANCE OF HE CITY OF HUNTINGTON BEACH
AMENDING THE MU
INGTON BEACH ORDINANCE CODE
BY REPEALING SEC IONS 9730A THROUGH 9730,
AND ARTICLE 975 HEREOF, -AND ADDING TO T
HUNTINGTON BEACH UNICIPAL CODE A NEW C PTER
17. 64 ENTITLED," NDERGROUNDING OF UTI TIES"
The City Council of t e City . of Hun ngton Beach does
ordain as follows :
SECTION . 1. Sections 9 30. 8 thr ugh 9730.12 and Article
975 of the Huntington Beach Ordina ce Code are hereby repealed.
SECTION 2. The Hunting on each Municipal Code is hereby
amended by adding thereto ne apter 17 .64 entitled, "Under-
grounding of Utilities" to r d as follows :
17. 14, 110 Definition The following .terms or phrases
as used in t is chapters all, unless the context indicates
otherwise, have the resp ctive meanings herein set forth:
(a) "Commission" shall me n the Public Utilities Commission
of the State of Calif rnia.
(b) "Undergro nd utility di trict" or "district" shall mean
that area in the c ty within whit poles, overhead wires and as-
sociated overhead structures are p ohibited as such area is de-
scribed in a res lution adopted pur uant to the provision of
Section 17. 64.0 0 of this chapter.
(c ) "Po s, overhead wires and, ssociated overhead struc-
tures" shall ean .poles, towers, supp ts, wires, conductors,
guys, stubs, platforms, erossarms, bra es, transformers, insu-
lators, cut uts, switches, communicatio circuits,• appliances,
attachment and appurtenances located ab veground within a dis-
trict and sed, or useful, in supplying a ectric, communication
or simila or associated service.
(d) "Utility" shall include all perso s or entities sup-
plying lectric, communication or similar or associated service
by mea s of electrical materials or devices.
JG:ahb
� 1. �
17,. . 64. 020 Underground utilities commission established.
There Is ereby esta ishe an underground utilities comet ssion
for the\city of Huntington Beach, which said . eommission shall
consist of five (5) members, three (3) .appointed by the city
council,�atwo (2) appointed by the planning commission either from
its own body or the citizens at large. In addition thereto, the
city council may appoint representatives of public utilities com-
panies asnonvoting, ex officio members of said commission, Com-
missioners shall serve for four-year terms at the pleasure of the
city counekil, provided that upon the initial appointment of com-
missionersl two (2) members shall be appointed for a term of two
(2) years, `and three (3) .members shall be appointed for a
term of four (4) years.
1 . 64.. 030 Underground public utilities facilities. All
new public ano private utility lines and distribution facilities,
including. but'\not limited to electric., communications, street
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 facilitiess. 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.
1 . 64. 040 Overhead installation. stallation of overhead
utility lines is permitted',,for the-'following:
(a) oction 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 p'\U s; and similar uses;
(d) Oil well services.
17. 64 .050 Conversion of overhead utilities. Any new
2.
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. 614 . 060 Under round trenches. All underground ility
lines in residential developments which are installed n pri-
vate property shall be located along lot lines. How er, the
trench for service line may curve from the lot lin to the
building at the nearest, most practical location
This provision is i tended to reduce confl ets which may
occur in future construct on because of existi g underground
utility lines.
17. 6�4 . 070 Public hea ing by council. The council may
from time to time call publ c hearings to ascertain whether the
public necessity, health, s fety or welf re requires the removal
of poles, overhead wires an . associated overhead structures with-
in designated areas of the ity and t underground installation
of wires and facilities for upplyin electric, communication,
or similar or associated ser ice. P for to holding such public
hearing, the city engineer s all c sult with all, affected
utilities and shall prepare a rep t for submission at such
hearing, containing, among of er nformation, the extent of such
utilities participation and e t ates of the total costs to the
city and affected property own s. Such report shall also con-
tain an estimate of the time quired to complete such under-
ground installation and remo 1 of overhead facilities> The
city clerk shall notify all ff cted property owners as shown
on the last equalized arse men t roll and utilities concerned
by mail of the time and p ce of uch hearings at least ten (10)
days prior to the date t reof. ach such hearing shall be open
to the public and may b. continued from time to time. At each
such hearing all perso affected s all be given an opportunity
to be heard. The deci ion of the co ncil shall be final and
conclusive.
17. 64 .080 Cou oil may designate u der round utility dis-
tricts by res7ignated
, after any sue public hearing the
council findshe public necessity, ealth, safety or wel-
fare requiresemoval and such underg and installation within
a designated he council shall, by re lution adopted by
affirmative vat least five (5) members of the city council,
declare such area an underground ut lity district and
order such rend underground installation Such resolu-
tion shall in description of the area com rising such
district , the reason for placing public utilities underground
(see Public U ilities Commission Rule 20) , and sha 1 fix the
time within ich such affected property owners mus be ready
3 . .r
D
y Huntington Beach Planning Commis fA i,)i�
' P.O. Box 190 CAL IFORNI0I-pp�,JBI-IUNTI1JC,-VUN BEACH
ADMINISTRATIVE OFFICE
TO : Honorable Mayor and City Council
FROM: Planning Commission
ATTN: Floyd G. Belsito, City Administrator
DATE : August 25 , 1977
SUBJECT: CODE AMENDMENT NO, 77-10 "UNDERGROUNDTNG OF UTILTTIES'1
PLANNING COMMISSION ACTION:
ON MOTION BY SLATES AND SECOND BY SHEA, CODE AMENDMENT NO . 77-10
WAS APPROVED BY THE FOLLOWING VO`I`E:
AYES : Stern, Gibson, Slates , Shea , Hoffman, Newman
NOES : None
ABSENT : None
ABSTAIN: Finley
PLANNING COMMISSION AND STAFF RECOMMENDATION :
Approve Code Amendment No . 77-10 .
SUMMARY ANALYSIS:
Code Amendment No. 77-10 , as initiated by the Department of Public
Works, would remove all existing provisions for undergrounding of
utilities currently contained in the Zoning Ordinance and other
portions of the Municipal Code in favor of inclusion of such
provisions within Title 17 , Buildings and Construction of the
Municipal Code.
The proposed amendment would restate existing r_egulitions except
for criteria for waiver of installation of cable t(-!_Levisiun
lines both on and off site.
Provisions have been added to authorize the Director of Public
Works to waive off site improvements and the Building Director
on site improvements. Such actions would only be taken when
in the responsible department head ' s judgment it is determined
that installation of cable television lines would be unreasonable .
This code amendment also would include the recently enacted
provisions allowinq for the installation of overhead cable
television lines where overhead transill-i-ss_i_on facil:i-ti eS exist
in developed residential areas (Code Amendment No. 77-8) .
Page Two
CA 7 7-10
ENVIRONMENTAL STATUS :
Code Amendment No. 77-10 is exempt from the requirements of
environmental documentation based upon the fact that it is
primarily a clerical amendment in which existing provisions
are being restructured within the Huntington Beach Municipal
and Ordinance Codes.
FISCAL . IMPACT OF PROPOSED LEGISLATION:
None
SUPPORTING INFORMATION:
.1. Proposed Ordinance
2 . August 5 , 1977 Staff Report
3 . Notice of Exemption
Respectfully submitted,
Edward D. Selich
Secretary
EDS :DE :gc
NOTICE OF EXEMPTION
TO: File
PROJECT,APPLICATION, OR PERMIT NO: Code Amendment No. 77-10
PROJECT TITLE/DESCRIPTION/LOCATION: Undergrounding of Utilities
PROJECT SPONSOR: City of Huntington Beach
EXEMPTION IDENTIFICATION:
(—� Categorical Exemption Ongoing Project
L-1 see. 15060 lL__JJ See.15070
Class
<—f Emergency Exemption �I Activity not Defined as Project
t—I mac.15071 (b) & (c)� See.15037 (b)
El Ministerial Project
X Other(Explain)
Sec.15073
The project(private)is a lesser part of another project for which an EIR has previously been prepared;the original
project and EIR were approved, and there were no substantial changes proposed in the project to involve new
environmental impacts not considered in the original EIR.
(See.15067)
Original EIR Nnnber: Date Approved:
Pursuant to the CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 and provisions of the HUNTINGTON
BEACH ORDINANCE CODE,which provide that an activity is exempt from environmental evaluation where it can
be determined with certainty that the activity will not have'a significant effect on the environment,the activity
referenced herein is therefore granted EXEMPTION STATUS with the following statement of findings:
In accordance with Section 15060 of .the California Environmental
Quality Act Guidelines, this action is exempt from the require-
ments for environmental documentation .since it can be seen with
certainty that there is .no possibility that that activity in
question may have a significant effect on the environment.
It is primarily .a clerical amendment in which existing provisions
are being restructuered within the Huntington Beach Municipal
and Ordinance Codes.
l�•'�^*��'-� August 10 11977
Na a and Title of Person Certifying Request Date:
es R. Barnes, Assistant Planner
O ` f' V HV OF ll L1 U Ll lJ V � - V V O LJ IJ BE CH
LJ
/mod n- DEPARTMENT OF PLANNING AND ENVIRONMENTAL RES URCES
�, P. O. BOX 190, HUNTINGTON BEACH, CALIFO NIA 92648 (7 4) 536 �I
6kj
TO: Floyd G. Belsito, City Administra or FROM: - Edward D. Selich, Planning Direct r�
DATE: September 14, 1977 Ib '7111
i
SUBJECT: Code Amendment No. 77-10 "Undergro nding of tilities" 1 '
STATEMENT OF PROBLEM:
Code Amendment No. 77-10 was continued from the ptember 6 , 1977 City
Council meeting for the purpose of modifyin tha section pertaining
to the Underground Utilities Commission. T e m difi'cation suggested
is that a staff committee be created replaci g the Underground Utilities
Commission (see page 2 of the attached code endment) '. The Planning
Commission, at their meeting of September 13 1977, has requested that
the code amendment be revised to require the taff committee' s findings
and recommendations be submitted to the Pla n ng Commission for their
review prior to City Council action.
RECOMMENDED ACTION: ,
Continue Code Amendment No. 77-10 until he nex regular City Council
meeting for the purpose of amending the ode to include the Planning
Commission in the review process.
ANALYSIS :
The Planning Commission has in the pa t been repr sented on the Under-
ground Utilities Commission. The Co ission appro es of the proposed
staff board, the Underground Utiliti s Coordinatin Committee comprised
of the Director of Public Works, the Director of P anning, the District
Representative from the Southern Ca ' fornia Edison ompany, and the
Senior Engineer for Public Improvem nts from Pacifi Telephone and
Telegraph Company to perform techni al analysis nec ssary and to make
recommendations regarding undergro nding.
The Commission believes. however, hat such recommen tions should be
reviewed by them in order that th City Council will ltimately be ap-
prised of these matters as they r late to overall pla ning in the City.
ALTERNATIVES:;
Approve Code Amendment No. 77-10 without an amendment t require Planning
Commission review.
EDS:DE:gc
e
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 fo -
lows :
(a) Director of public works
(b ) Director of building and community development
(c ) Director of planning and environmental resoure s
(d) District representative , Southern California d.ison
Company
(e ) Senior engineer, Public Improvements , Gener 1
Telephone Company .
17. 64 . 030 Duties . It shall be the duty of t e committee
to advise the city council with respect to all to nical aspects
of the undergrounding of public utilities within the city of
Huntington Beach and in�hat regard the committ e 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 lan for establishing underground
utilities districts ;
(e) Perform such other dut ' s 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 me)tbers of the committee , or their,
authorized representatives , resent at any meeting shall consti-
tute a quorum. Said commit ee shall meet upon call of the chair-
man. Members of the committee shall serve at the pleasure of the
city council and without c/ompensation.
17. 64 . 040 Underground public utilities facilities . All
new public and private utility lines and distribution facilities ,
including but not limited to electric, communications , street
lighting, and cable television lines , shall be installed under-
ground, except that surface-mounted transformers, pedestal-
mounted terminal boxrs , meter cabinets , co�Aic.ealed ducts in an
underground system �Lnd other equipment appi.rtenant to under-
ground facilities teed not be installed underground, and pro-
vided further that/cable television lines many be installed on
existing utility oles within subdivisions d veloped with over .
2 .
a \
Bill f,artge,
TO pi..b ic Works Director Date
CODE .Aog�ENDI5EN 7-10/11ND RGROUNTITNIC Or i;z°Ti TTLE, "
'the City ('ownr'i l } at it-, rnr-j_Hna of
tinued this Cade Amendment until its greeting of
'''9/19/7i p-tending mn ifi _otion cif Ordinance Nlo 2%?2.
lease incorporate these nodifi.cations into this
meeting.
Also 9 please contact Fri?l Cont,toYi and discuss
with hire the possible mEmbe r_shin of cn rtn in
u�tiiity persons in the UUCo Does this Ordiraree
I take such nombe rshipsinto ro4saderati on?
aSts'J`� Signed
Floyd-G. Belc3i to
City Ac i�'istrator
�h
ay Date Signed
Redl?rm
4S 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT.
Poly Pak(50 sets)4P465 PART 3 WILL BE RETURNED WITH REPLY.
Ae-
'77
nD E, C E V E.
Huntington Beach Planning CommisA AU u 197�
P.O. Box >so cwLtFORNtcfl*(WHUNTINGTON BEACH
ADMINISTRATIVE OFFICE
TO: Honorable Mayor and City Council
FROM: Planning Commission
ATTN: Floyd G. Belsito, City Administrator
DATE : August 25, 1977 •
SUBJECT: CODE AMENDMENT NO, 77-10 "UNDERGROUNDING OF UTILITIES`
PLANNING COMMISSION ACTION:
ON MOTION BY SLATES AND SECOND BY SHEAF CODE AMENDMENT NO. 77-10
WAS APPROVED BY THE FOLLOWING VOTE:
AYES : Stern, Gibson, Slates, Shea, Hoffman, Newman «
NOES : None
ABSENT: None
ABSTAIN: Finley �n�
PLANNING COMMISSION AND STAFF RECOMMENDATION: 14
Approve Code Amendment No, 77-10 . �
SUMMARY ANALYSIS:
1
Code Amendment No. 77-10, as initiated by the Department of Public
Works, would remove all existing provisions for undergrounding of
utilities currently contained in the Zoning Ordinance and other
portions of the Municipal Code in favor of inclusion of such
provisions within Title 17 , Buildings and Construction of the
Municipal Code,
The proposed amendment would restate existing regulations except
for criteria for waiver of installation of cable television
lines both on and off site.
Provisions have been added to authorize the Director of Public
Works to waive off site improvements and the Building Director
on site improvements. Such actions would only be taken when
in the responsible department head ' s judgment it is determined
that installation of cable television lines would be unreasonable.
This code amendment also would include the recently enacted
provisions allowing for the installation of overhead cable
television lines where overhead transmission facilities exist
in developed residential areas (Code Amendment No. 77-8) .
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 .0901�% 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 skructures . therein, as. provided in Section
17 .64 . 0.80 hereof it shall be unlawful for any person or
utility to erect,\ construct., place, keep, maintain,. continue,
employ or operatex�poles , overhead wires and associated over-
head structures in the district after the dat-e 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
service as provided in\Section 17.64 .150 hereof, and 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``.�t
1 .64.100 Exce tion\ -Emer enc or unus al circumstance
declared exception. Notwithstanding the ppdvisions of this
chapter, overhead facilities may be inst led and maintained
for a period not to exceed ten�(10) days without authority 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 thefacilities . The council may
grant special permission on such t``erms as the council may deem
appropriate in cases of unusual circumstances , without dis-
crimination as to any person or utilitty , to erect , construct ,
install, maintain, use or operatepoles, overhead wires and
associated overhead structures .
17. 64 .110 Exceptions to this chapter The following shall
be excluded from the provisions of this chap�t,\er unless otherwise
provided in the resolution designating the underground utilities
district: \
(a) P es or electroliers used exclusively f' r street
ligh ng,.
(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
4.
are not prohibited.
(c ) Poles , overhead wires and associated overhead struc—
tures used for the transmission of electric energy at nomi al
voltages in excess of 34,500 volts .
(d) Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the city 'en 'ineer.
(e) Overhead wires attached to the exterior- su face of a
}wilding by means of a bracket or other fixture and extending
from one location on the building to another locat on on the
same building or to an adjacent building. without ross.ing any
public street .
(f) Antennas , assoc ated equipment and . pporting struc-
tures , used by a utility ar furnishing comm nication services .
(g) Equipment appurtant to undergr and facilities , such
as surface-mounted transformers , pedesta mounted terminal boxes
and water cabinets and concealed ducts.
(h) Temporary poles, overhead w res and associated over-
head structures used or to be used i conjunction with con-
struction projects .
17. 54.120 Community antenna television service . Distribu-
tion lines and individual servic' lines for community antenna
television (CATV) service shall b installed underground in all
new developments within the ci �y. All new CATV installations
in said new developments steal be ade in accordance with spec-
ifications adopted by city council esolution. Said improvements
within the public right-of-vJ'ay, upo completion, shall be dedi
cated to the City of .Huntington Beac .
The director of ub c works shad have the authority to
P
wave the above requirements with respe t to improvements within
the public right-of-w ay when, in his ju gment , it is determined
to be in the best inteVest of the city sINa to do, based upon the
following criteria:
(a) Whenever a gineering plans and s ecifications are
not required. .
(b) Where exiisting improvements such as curbs and gutters ,
sidewalks , street '. etc. would have to be remo ed and replaced.
(c) The location of existing overhead faci ities .
IM (d) The location of existing substructures.
5 .
S .
O The condition of existing street improvements.
(f�) The amount of lineal footage of CATV facilities
involved.
Y
The director of building and community development shall
have the authority to waive the on site requirements when, in
his Judgement, it is determined to be in the best interest of
the city. s�o ' to do, based upon the following criteria:
(a) Where existing improvements would have to be removed
and replaced.
a
(b) The location of existing overhead facilities .
(c ) The, location of existing structures.
(d) The condition of existing improvements .
(e) The amount of lineal footage of CATV facilities
involved.
(f) The interface of the new deve opment to the existing
development on the ite .
(g) The interface to simila facilities required offsite .
An landowner or may appeal the deter-
mination of the director of11public works or the director of
building and community d'v lopment to the city council.
17 . 64.130 Notice to "'ro ert owners and utilit com anies .
Within ten ays after t e effective date oT a resolution
adopted pursuantto Section 17\. 64 .090 hereof, the city clerk
shall notify a'll affected utilities and all persons owning real
property wi6in the district created by said resolution, of the
adoption t-hereof. Said city clerk\\shall further notify such af-
fected �operty owners of the necessity that if they or any per-
son, oe.cupying such property desire tomcontinue to receive
electric , communication or similar or a�sssociated service, they
or such occupant shall provide all neces� ry facility changes
on their premises so as .to receive such se ice from the lines
of the supplying utility or utilities. at a n location.
17 .64.140 Responsibility of utility compan s. If under-
ground construction is necessary to provide utility service
within a district created by any resolution adopted pursuant to
Section 17. 64 .090 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,
6.
regulations and tariffs on file with the . commission.
17. 64 . 150 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. 64.140, and the termination facility on or within .said
building or structure being served. If the above is of ac-
complished by any person within the time provided to ' in the
resolution en cted pursuant to Section 17 .64 .090 he eof, the
city engineer hall give notice in writing to the wner thereof
as shown on the last equalized assessment roll, o provide the
required undergr and facilities within thirty ( 0) days after
receipt of such n tice .
(b ) The notic to provide the require underground fa-
cilities may be give either by personal s vice or by mail.
In case of service byk
l on either or s ch persons, the
notice must be deposit in the United S ates mailin a sealed
envelope with postage ppaid, addresse to the person in pos-
session of such premiseon
the not e must be addressed to
-such ownerts last known a%dress as t same appears on the last
equalized assessment rollnd when o address appears, to
General Delivery, city of > tingt n Beach. If notice is given
by mail, such notice shall b ' dee ed to have been received by
the person to whom it has bee s nt within forty-eight (48)
hours after the mailing thereo If notice is given by mail
to either the owner or occupan - f such premises, the city
engineer shall' within forty- igh (48 ) hours after the mailing
thereof, cause a copy thereo , pri ed on a card not less than
811 x 1011 in size, to be pos ed in a onspicuous place on said
premises.
(c ) The notice given by the city e ineer to provide the
required underground fa ilities shall par cularly specify what
work is required to be done, and shall stat that if said work
is not completed within thirty (30) days aft receipt of such
notice, the city eng3, eer will provide such re uired under-
ground facilities, in which case the cost and e ense thereof
will be assessed against the property benefited a d become a
lien upon such property .
(d) If upon} the expiration of the thirty (30) da s, the
said required underground facilities have not been prow ed, the
city engineer shall forthwith proceed to do the work, pro ided,
however, if such premises are unoccupied and no electric o com-
munications sevices are being furnished thereto, the city
engineer shallin lieu of providing the required underground a-
I
7 '�
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 assessm nt of the cost of such
work upon such premises, which said ime- shall not be less than
ten (10) days thereafter,
(e) The city clerk shall fo thwith, upon the time for hear-
ing`� uch protests having been fi d, give a notice in writing to
the person in possession of such premises, and a notice in writing
thereof\to the owner thereof, i the manner hereinabove provided ,
for the ving of the notice to provide the required underground
facilities,, the. time and pl ce that the council will pass upon
such report a •d .will hear Prot sts against such assessment . Such
notice shall also. set forth .t a amount of the proposed assessment .
(f) Upon the date and h�ur set for the hearing of protests,
the council shall h ar and consider the report and all protests,
if there be any, andN en pro1ceed to affirm, . modify or reject the
assessment.
(g) If any assessmen �,is not paid within fifteen (15)
days after its confirmation ythe council, the amount of the
assessment shall become a lien upon the .property against which
the as is made by the ei~ty engineer, and the city
engineer is directed to turn over 't.�e 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 ass.essment. 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 propTibility
ty taxes are due and\payable, and if not
paid when due and paya , shall bear interes at the rate of
6 percent per annum.
17. 64 .160 Res on of city. City shall`�remove at its
own expense all city-o ned equipment from all poles required to be
removed hereunder in a ple time to enable the owner or se,r of
such poles to remove. t e same within the time specified inh.e
resolution enacted pursuant to Section 17. 64 . 090 hereof.
17. 64. 170 Extens on of time . In the event that any act .
required by this chap er or by a resolution adopted pursuant to
_ C i a a.
Section 11. 64.090 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 ace -
plished shall be extended for a period equivalent to the rime
of such limitation.
SECTION 3. PENALTY. It shall be unlawful for any person
to violate any provisions or_,,,t,e-fail to comply with a ,y of the
requirements of thi ordinance . Any person violati g any pro-
vision of this ordin nce or failing to comply wit any of its re-
quirements shall be d emed guilty of a misdemea r and upon con-
viction thereof shall a punished by a fine no exceeding five
hundred dollars ($500) r by imprisonment no exceeding six (6)
months, or by both such fine and imprisonm t . Each such person
shall be deemed guilty o a separate offs se for each day during
any portion of which any iolation of a y of the provisions of
this ordinance is committe , , continue or permitted by such per-
son, and shall be punishabl therefo as provided for in this
section.
SECTION 4. If any section, ubsection, sentence, clause,
phrase, .or portion of this or ,- nee, or any future amendments
or additions hereto, is for an reason held to be invalid or un-
constitutional by the decisi any court of competent juris-
diction, such decision shal not ffect the validity of the re-
maining portions of this o dinance or any future amendments or
additions hereto. The C y Council of the City of Huntington
Beach hereby declares t at it would h ve adopted this ordinance
and each section, subs ction, sentence, clause, phrase, or por-
tion or any future am ndments or additio thereto, irrespective
of the fact that any one or more sections, ubsections, clauses,
phrases, portions o any future amendments o additions thereto
be declared invali or unconstitutional.
SECTION 5, he provisions of this ordinane insofar as they
are substantially the same as existing provisions �'f the Huntington
y
9.
Beach Ordinance Code relating to the same subject matter shall be
construed as restatements and continuations and .not as new
enactments.
SECTION 6. This ordinance shall take effect thirty days
after its adoption. The City Clerk hall certify to the pas-
sage of this ordinance and cause sae to be published within
fifteen days after adoption in the Huntington Beach News, a
weekly\newspaper of general 61rcu .`ation, 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
day .of 1977.,
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk C ty At to Irnrhne
REVIEWED AND APPROVED,.' INITIATED AND AP P VED:
C10V Administrator
Y
NOTICE OF EXEMPTION
TO: File
PROJECT,APPLICATION, OR PERMIT NO: Code Amendment No. 77-10
PROJECT TITLE/DESCRIPTION/LOCATION: Undergrounding of Utilities
PROJECT SPONSOR: ' City of Huntington Beach
EXEMPTION IDENTIFICATION:
(—J Categorical Exemption Ongoing Project
LL Sec. 15060 Sec. 15070
naps
Emergency Exemption (+l Activity not Defined as Project
1 Sec:I507I (b) & (c) t_ 3 See.15037 (b)
U Ministerial i'roject ( X�,Other(Expiain)
Sec. 15073
(� The project(private)is a lesser part of another project for which an FIR has prrviously been prepared;the original
�--J project and EIR were approved, and there were no substantial changes proprreed in the project to involve new
environmental impacts not considered in the original EIR.
(Sec.15067)
Original EIR Numtiez Date Approved:
Pursuant to the CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 and provisimns of the HUNfINGTON
BEACH ORDINANCE CODE,which provide that an activity is exempt from environmental evaluation where it czn
be determined with certainty that the activity will not have a significant effect on the environment, the activity
referenced herein is therefore granted EXEIi MON STATUS with the following statement of findings:
In accordance with Section 15060 of � the California Environmental
Quality Act Guidelines, this action is exempt from the require-
ments for environmental documentation since it can be seen with
certainty that there is no possibility that that activity in
question may have a significant effect on the envirolnient:.
It is primarily a clerical amendment in which .existing provisions
are being restructuered within the Huntington Beach Municipal
and ordinance Codes.
!�/�•.R--� August 101 1.9 7 7
�NJeS
e and Title of Person Certifying Request Date:
R. Barnes , Assistant Planner 1
fa C� t
(90
Pleb!1 8/2 %r77
Poe tc firds
v .
NOT
ICE OF MBLICHEARING'
Code Amendment 77-10
NOTICE IS HEREBY GIVEN that a public hearing will be held by the .
City Council of the City of Huntington Beach, in the Council
' Chamber of the Civic Center, Huntington Beach, at the hour ,of
7:30 PeM. , or as soon thereof ter as possible, an Tuesday
the 6th day of September , 19 77 for the purpose of
considering proposed Code'Amendment No. 77-10, amending the Huntington Beach
Ordinance Code by repealing gections 9730.8 through 9730.12 and .Article 975 thereof
and adding to the Huntington Beach Municipal Code Anew Chapter 17.64 entitled
"Undergrounding of Utilities.'' Said amendment is 'primarily intended to .i}ncor-
porate all provisions for undergrounding "of utilities .into one location of the
Code. A copy of said amendment. is. on file in the Planning Department Office.
All interested persons are invited to attend ®aid hearing and
express their* opinione , for or, of t said code amendment a
rthor info � ti y be obtained from the Office of the. City
Cis' rk.
D 8/18/77 =TY OF- HUNTINGTON SUCH d e,
Alicia K. Wentworth
City Clerk
y
NOTICE TO CLERK TO SCHEDULE PUBLIC HEARING
TO: CITY CLERK'S OFFICE DATE: dO/
FROM: bK-46--
PLEASE SCHEDULE A PUBLIC ;HEEAAR"IING USING THE ATTACHED LEGAL NOTICE FOR THE
DAY OF �) �' , 197
AP's are attached
AP's will follow
No AP's
Initiated by:
Planning Commission
Planning Department
Other
Adoption of Environmental Status # r�
YES NO
F-
•I`i ,�
I
Affidavit of Pubfication
State of California
County of Orange ss
City of Huntington Beach 1
George Farquhar, being duly sworn on oath, says: That he is a
citizen of the United States, over the age of twenty-one years.
That he is the printer and publisher of the Huntington Beach
News, a weekly newspaper of general circulation printed and pub-
lished in Huntington Beach, California and circulated in the said
County of Orange and elsewhere and published for the dissemination
of local and other news of a general character, and has a bona fide
subscription list of paying subscribers, and said paper has been
established, printed and published in the State of California, and }
County of Orange, for at least one year next before the publication
1
of the first insertion of this notice; and the said newspaper is not + , f•Er. L. hil);,c
devoted to the interest of, or published for the entertainment of any no-x^= OF P1331,1C
particular class,. profession, trade, calling, race or denomination, or
any number thereof.
The Huntington Beach New was adjudicated a legal newspaper iPI n, ion y
of general circulation by Judge G. K. Scovel in the Superior Court E.
of Orange County, California August 27th, 1937 b order No. A-5931. "" c c i..c r
b' Y g Y A n r me.i t Nn. 7 11)
That the CODE AMENDMENT PJO, 77-1 0 _ rep,�aiin s, I, ou
.r n Ar i 97 f� .r'e f
c!ng to , Yur on H (,,It ik ,ic
l Cocr a nee✓ r , ter 11 C4 Tit!-`9
�J 1.c; i .i r. F l.It Iiti ..iH
of which the annexed is a printed copy, was published in said news- 1 '' rt i' ' ily in n ed io iri I
rorl:n-a all p1-,-V1-iu!.- fcr
;Cundinp o u':^iit'e inl.o one loca`.isi
1 of the cede. C, cc•�y. of said ame'ni
't paper at least C9Ylt', 188UE? _ Lent i7 on ,'Tie in the Planning Depart
men: Oi lice.
c-ii;1 he inR ,v'II he livid t the
commencing from the filth day of Augua t hc,r o 7 oo P I . oil At gL ,t IG, , 7.I
in the C,o uncll Ch mh ers3ui' ing of
tlle civic c.nt r 2000 Nrl1ill Strcc•,I
19-7-7, and ending on the 4 t- day of AtW'uR't -lun irigion n:a n c,litorn;a.
All interesied persons are invited to
,,itend - id .hearing and express Their
�� opin9Cn; for or a ,a�5rst the proposed.
19__.�_ both days inclusive, and as often during said period and code Amendment No, 77-0.
times of publication as said paper was regularly issued, and in the Further h;formoticn may be o tamed
regular and entire issue of said pewspaper proper, and not in a from the City Plan„'r,,n Denartn,ent.
supplement, and said notice was ublished therein on the followin Telephone No (7 %) >sz71..
p g DAZED this 4tr day of Aunust, 1^77_
dates, to-wit: CIT`( PIANNING COMMISSION
Dy Edvvard D. Selich
Aug. 1�77
Publisher
Subscribed and sworn to before me this 5 th day of
August 19=.
Notary Public
Orange County; California !r
DEf'T
-----------THOMAS D. WYLLIE' 15
vl w�'» n 1 C oX rq-
fT.c i yyy�', Ai lif
Notary public-Caorna
i" y iil �E I'If,.,�
Orange County
My Commission Expires
September {$. 1572
----------- ------ ------__.
cq 'WHITE-CITY ATTORNEY
` BLUE-CITY CLERK W CITY OF HUNTINGTON BEACH No.
• GREEN-CITY ADMINISTRATOR REQUEST for ORDINANCE or RESOLUTION
CANARY-DEPARTMENTAL vuvnven,v sent«
Date Request made by Department
Dave
INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council
Meeting .at which it is to be introduced. Print or type facts',necessary for City Attorney's use in preparation of ordinance. In a separate
paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must
be cleared and approved by the Director of Finance before submitting to City Administrator's Office.
Preparation of an Ordinance or Resolution is hereby requested:
COD2' NO. '7 -10 OF &T 1 L1T1Z.S
pleaCe !1repclre, an -Ord i12r^, c,- GG —,x— ? the attached, draft
.r
(For C l ty COUMCil PUb 1 ,C Hearing On
;e
Desired effective date Signed:s Approved as to availability of funds?�4 Director of Finance
City Attorney—Please prepare and*submit printed copies to this office by:
City Administrator
tusrit,ngton b1h plannin 19 department
sI
Staff
rep�er
TO: Planning Commission
FROM: Planning Department
DATE: August 5, 1977 .
RE: CODE AMENDMENT NO. 77-10 "UNDERGROUNDING OF UTILITIES"
1. 0 ENVIRONMENTAL STATUS:
Code Amendment No. 77-10 is exempt fr.om. the requirements for environ-
mental documentation based upon the fact that it is primarily a
clerical amendment in which existing provisions are being restructured
within the Huntington Beach Municipal and Ordinance Codes (see Notice of
Exemption attached) .
2. 0 BACKGROUND INFORMATION:
Code Amendment No.. 77-10 as initiated by the Department of Public Works ,
would remove all existing provisions for undergrounding of utilities
currently contained in the zoning ordinance and other portions of the
Municipal Code in favor of inclusion within one chapter addressing the
subject. The provisions would be contained in Title 17 of the Municipal
Code - Buildings and Construction.
Except for Section 17 . 64. 120 commencing on Page 5, the amendment would
promulgate restatements (with minor rewording for clarity) of existing
regulations.
Section 17 . 64 . 120 pertaining the regulation of community antenna tele-
vision service lines (CATV) includes new provisions in regard to
waiver of the requirements to underground CATV lines. Criteria has
been added for guidance as to when it is unreasonable for 'CATV lines to
be.undergrounded. The Director of Public Works would be responsible
for authorizing waiver of offsite improvements in regard
to cable television lines and the Building Director would be authorized
to address any onsite waiver requests.
Landowners or developers would be able to appeal such determinations to
the City Council.
3. 0 FISCAL IMPACT OF PROPOSED LEGISLATION: The proposed Cade
Amendment would pose no fiscal impacts upon the City.
fs
CA 7..7-10 "Undergrounding of Utilities"
August 5, 1977 �x
Page 2
4. 0 RECOMMENDATION: p
Staff recommends approval of Codo Amendment No. 77-10 .
L�E:df
Attachments: (1) Ordinance
(2) Notice of Exemption
jl
(4
(jtlr
fi