Chapter 22.52 — UNDERGROUND UTILITY DISTRICT

The city 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 within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. 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 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 interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.

(Ord. 88-O-117 § 1, 1988)

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. Such report shall contain the extent of the utilities participation, estimates of the total cost to the city and to the affected property owners, and an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Ord. 88-O-117 § 1, 1988)

If, after any such public hearing the city council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the city council shall, by resolution, declare such designated area an underground utility district. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which 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 equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 88-O-117 § 1, 1988)

Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 22.52.030, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead 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 performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

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City of Placentia, CA § 22.52.040

PLACENTIA CODE

§ 22.52.070

• (Ord. 88-O-117 § 1, 1988)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the city council in order to provide emergency service. The city council may grant special permission, on such terms as the city council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

• (Ord. 88-O-117 § 1, 1988)

This chapter and any resolution adopted pursuant to Section 22.52.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

• (1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;

• (2) Poles, or electroliers used exclusively for street lighting;

• (3) 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 perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

• (4) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at high voltages of sixty-six KV (66,000 volts) or greater.

• (5) 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;

• (6) Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services;

• (7) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;

• (8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

• (Ord. 88-O-117 § 1, 1988)

Within 10 days after the effective date of a resolution adopted pursuant to Section 22.52.030, 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 affected property owners of the necessity that if they or any person 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, subject to the

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City of Placentia, CA

SUBDIVISIONS

§ 22.52.070

§ 22.52.110

applicable rules, regulations and tariffs of the respective utility or utilities on file with the public utilities commission.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 22.52.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 88-O-117 § 1, 1988)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 22.52.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Public Utilities Commission. (Ord. 88-O-117 § 1, 1988)

• (a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 22.52.080 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

• (b) In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions described above in subsection (a) of this section, within the time provided for in the resolution enacted pursuant to Section 22.52.030, the city engineer shall post written notice on the property being served and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

• (Ord. 88-O-117 § 1, 1988)

The 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 22.52.030. (Ord. 88-O-117 § 1, 1988)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 22.52.030 cannot be performed within the time provided because of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 88-O-117 § 1, 1988)

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City of Placentia, CA

SUBDIVISIONS

§ 22.53.010

§ 22.53.050

CHAPTER 22.53 RESERVATIONS

A subdivider who develops or completes the development of one or more subdivisions within the Placentia Unified School District shall dedicate to the school district such lands as the city council deems to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service.

The city council shall not require the dedication of an amount of land which would make development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

(Ord. 88-O-117 § 1, 1988)

The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of dedication is imposed by the city, the Placentia Unified School District does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.

• (1) The requirement of dedication shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.

• (Ord. 88-O-117 § 1, 1988)

The Placentia Unified School District shall, if it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

• (1) The cost of any improvements to the dedicated land since acquisition by the subdivider;

• (2) The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

• (3) Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any lien covering such land.

• (Ord. 88-O-117 § 1, 1988)

If the land is not used by the school district as a school site within 10 years after the dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

(Ord. 88-O-117 § 1, 1988)

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City of Placentia, CA

PLACENTIA CODE

§ 22.55.050

§ 22.55.060

In the event that the property is dedicated, the school district shall record a certificate with the county recorder containing the following information:

• (1) The name and address of the subdivider dedicating the property;

• (2) A legal description of the real property dedicated;

• (3) A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within the next 10 years after dedication;

• (4) Proof of the acceptance of the dedication by the school district and the date of acceptance. The certificate shall be recorded not more than 10 days after the date of acceptance of the dedication.

• (Ord. 88-O-117 § 1, 1988)

This section is enacted pursuant to the authority of Section65970 et seq. of the Government Code for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development, in the event that conditions of overcrowding are encountered.

• (1) Definitions. In addition to the definitions set forth in Sections65973 and 65980 of the Government Code and Chapter 22.08 of this title, the following definitions shall apply to this section:

  • "Board" means the Board of Trustees of the district.

"Declaration of impact" means a statement adopted by the Board, and forwarded to the city council, declaring the existence of an impacted school or schools, in accordance with the findings and other requirements of Section 65971 of the Government Code. The declaration of impact may include the schedule required by Section 65976 of the Government Code.

"District" means the Placentia Unified School District.

• (2) The city council finds:

  • (A) Public education in the primary and secondary grades is provided in the city by the Placentia Unified School District.

  • (B) There is the potential that new residential development may on occasion cause overcrowding in one or more schools in the district.

  • (C) It is necessary that a method be established to provide the district with interim classroom facilities when conditions of overcrowding exist, thereby reducing potential adverse impacts on education.

• (3) Action by Board. The Board may, on occasion, adopt a declaration of impact and file the same with the city clerk for consideration by the city council.

• (4) Action by city council. Upon receipt of a declaration of impact from the board and the schedule required by Section 65976 of the Government Code, the city council shall, if it

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City of Placentia, CA

SUBDIVISIONS

§ 22.55.060

§ 22.55.070

concurs in the findings set forth in the declaration of impact, withhold approval of, or order the appropriate officer, employee or commission within the city to withhold approval of, new residential development within the attendance area of the impacted school.

• (5) Mitigation Measures.

  • (A) The city council shall require, as a condition of approval of new development within the attendance area of an impacted school, either the dedication of land, the payment of fees in lieu thereof, or a combination of both, in accordance with the provisions of Section65974 of the Government Code.

  • (B) The decision concerning whether to require the dedication of land, payment of fees or an appropriate combination shall be determined after consultation with the board concerning the needs of the district as they relate to the impacted school or schools.

  • (C) The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section 65995) of the Government Code, shall be prescribed by resolution of the city council, and shall be collected at the time of issuance of a building permit.

• (6) Use of Fees and Land-accounting.

• (A) The district shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area.

  • (B) The district shall provide to the city council the report required by Section 65978 of the Government Code.

• (7) City's Right to Disapprove Development or Require Other Fees. Nothing in this section shall be construed to limit the right of the city to disapprove new residential development for any lawful reason, including, but not limited to, the impact that such development may have on a school or schools within the district which cannot be alleviated by the provisions of this section.

• (Ord. 88-O-117 § 1, 1988)

As a condition of approval of a tentative map for a residential subdivision, the city may not require dedication of land or payment of in-lieu fees or a combination of both in order to provide permanent facilities for school purposes. However, nothing in this chapter shall affect the district's authority to directly levy a dedication requirement, a fee, charge or other requirement against any development project, as provided pursuant to Section 53.080 of the Government Code, to establish temporary or permanent school facilities. (Ord. 88-O-117 § 1, 1988)

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City of Placentia, CA

SUBDIVISIONS

§ 22.56.010

§ 22.56.060