Chapter 17.24 — UNDERGROUND UTILITIES

To improve the reliability of electrical and telecommunication services for the benefit of residential and commercial Utility customers; to increase property values; to enhance the aesthetic appearance of the City; to reduce the cost of tree trimming and replacement of Overhead Facilities; to reduce outages caused by winds, storms, and accidents; to reduce the risk of fires and improve public safety by removing potential obstacles in traffic accidents; to reduce obstructions to roadway visibility; and to otherwise provide for the health, safety, and welfare of the public or to protect and improve the quality of the public's urban environment, the City deems it necessary that, where feasible and within the Council's jurisdiction, all existing and future Overhead Facilities be undergrounded in or through the City. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

As used in this Chapter:

.010 "City" means the City of Anaheim, California.

.020 "Council" means the City Council of the City.

.030 "Commission" means the Public Utilities Commission of the State of California.

.040 "Department" means the Public Utilities Department of the City.

.050 "General Manager" means the General Manager of the Department or designee.

.060 "Overhead Facilities" means any poles, towers, supports, wires, cables, lines, fiber optics, conduits, conductors, guys, stubs, platforms, crossarms, braces, transformers, capacitors, insulators, cutouts, switches, telecommunication circuits, appliances, apparatus, appurtenances, and other equipment and structures located above ground used to supply electricity or telecommunications services in or through the City.

.070 "Person" means and includes natural person, partnerships, utilities, corporations, or public agencies, or any other legal entity regardless of form, that has ownership of, or control of, Overhead Facilities or Underground Facilities.

.080 "Underground Facilities" means any concrete pads, vaults, pull boxes, conduits, cables, fiberoptics, transformers, switches, pedestal-mounted terminal boxes, meter cabinets, or concealed ducts located on or below ground in the City, used to supply electricity or communications services in or through the City.

.090 "Underground Utility District" means that area in the City within which Overhead Facilities are required to be removed or otherwise installed underground, as such area is described in a resolution adopted pursuant to the provisions of Section 17.24.060 of this Code.

.100 "Utility" or "Utilities" includes all Persons with Underground Facilities and/or Overhead Facilities in the City.

.110 "Public Utilities Board" means the Public Utilities Board as described in Section 909 of the Charter of the City.

.120 "Public Utilities Hearing Board" means the Public Utilities Hearing Board as described in Section 1.04.740 of this Code. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

.010 It shall be unlawful for any Person to construct, install, or erect Overhead Facilities in the City of Anaheim except as otherwise provided for in Section 17.24.070.

.020 Whenever the Council, by resolution, creates an Underground Utility District, then except as otherwise provided for in Section 17.24.070, it shall be unlawful for any Person to keep, maintain, continue, or replace Overhead Facilities in the Underground Utility District more than 12 months after the Department gives written notice that conduit systems have been completed.

.030 It shall be unlawful for any Person to violate any provision of this Chapter or to fail to comply with any of the requirements of this Chapter. Any person violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, which is punishable as provided in Section 1.01.370. In addition, any violation of this Chapter 17.24 is subject to civil fines in accordance with Chapter 1.20 (Civil Citations).

.0301 The City may issue a civil citation for any violation of this Chapter until the violation is cured, as follows:

• (1) First offense – a two hundred dollar ($200) fine for each day;

• (2) Second offense – a five hundred dollar ($500) fine for each day;

• (3) Third and subsequent offenses – a thousand dollar ($1,000) fine for each day.

.0302 The Community Preservation Manager and each of their deputies, in consultation with the Public Utilities Department, shall have the duty and authority to enforce this Chapter as set forth in Section 1.01.389 (Enforcement of the Code – Community Preservation Manager – Inspections and Reinspections – Fees) of this Code.

.040 After the City removes Overhead Facilities from utility poles within Underground Utility Districts, the City no longer inspects or maintains those utility poles. Utility poles that are within an Underground Utility District and that are not subject to City inspection or maintenance are the responsibility of the Person or Persons with Overhead Facilities located on those poles. Over time, such utility poles that are not City-inspected or City-maintained may degrade to the point where they become a hazard to the public health, safety, and welfare of those in the vicinity of the utility poles. Therefore, such utility poles shall constitute a public nuisance and a potential hazard to the health, safety, and welfare of the general public. Pursuant to Section 6.44.040, poles deemed in this Chapter to be a public nuisance shall be abated in accordance with the procedures set forth in Chapter 6.44.

.050 All remedies prescribed by this Chapter or any other provisions of law and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

A public hearing shall be held to ascertain if the creation of an Underground Utility District will further the public health, safety, and welfare by promoting one or more of the purposes set forth in Section 17.24.010 of this Chapter. The Council may propose any part or parts of the City as an Underground Utility District. The City Clerk shall, by mail or by another approved method, provide notice of the hearing date, time, and location. Notice shall be given at least ten days prior to the hearing and shall be given to all affected property owners within the proposed Underground Utility District, as shown on the last equalized assessment roll, and all Utilities with Overhead Facilities within the proposed Underground Utility District. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all interested persons shall be given an opportunity to be heard. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

Prior to holding any public hearing pursuant to Section 17.24.040 of this Chapter, the General Manager shall notify all affected Utilities and shall prepare a report for submission at such hearing containing, among other information, the roadway limits, justification for recommending Underground Utility District formation, estimated costs and schedule, and identification of any exemptions. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

If, after any such public hearing the Council determines that the creation of an Underground Utility District will further the public health, safety, and welfare by promoting one or more of the purposes set forth in Section 17.24.010 of this Chapter, the Council shall, by resolution, designate the proposed area of an Underground Utility District and order the removal and underground installation of existing Overhead Facilities within that Underground Utility District, except as otherwise provided in this Chapter. Such resolution shall include a description of the area comprising such Underground Utility District; a determination as to whether the undergrounding will avoid or eliminate a heavy concentration of Overhead Facilities; whether the street, road, or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; whether the street, road, or right-of-way adjoins a civic area or public recreation area or an area of unusual scenic interest

to the general public; whether said street, road, or right-of-way is considered an arterial or collector road as defined in the City of Anaheim General Plan's Circulation Element or similar or successor source; or whether the undergrounding will reduce fire risk and/or enhance electric service reliability. The decision of the Council shall be final and conclusive. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

This Chapter and any resolution adopted pursuant to Section 17.24.060 of this Chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

.010 Poles used for streetlighting, traffic signals, or other types of traffic management;

.020 Poles used to support banners, decorative art, signage, or other such apparatus approved by the City;

.030 Overhead Facilities determined, in writing, by the Commission or other agency having regional, state, or federal jurisdiction to be exempt from undergrounding at the Utility's cost; .040 Surface-mounted Underground Facilities;

.050 Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects;

.060 Repair, replacement, improvement, modernization, or upgrading of existing Overhead Facilities not within an Underground Utility District that is created pursuant to Section 17.24.060 and only where such repair, replacement, improvement, modernization, or upgrading does not change the location or character of such Overhead Facilities; or

.070 Overhead Facilities that are necessary to furnish service to an owner or occupant of property prior to and during the process of undergrounding said Overhead Facilities, subject to timeframes established in Section 17.24.100 of this Chapter. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

.010 Emergency Exception. Notwithstanding the provisions of this Chapter, the General Manager may grant special permission to any Utility, on such terms as the General Manager may deem appropriate, in the case of emergency or unusual circumstances, to temporarily leave existing utility poles in place or erect Overhead Facilities so long as the General Manager determines that the subject Overhead Facilities will not unreasonably increase adverse impacts to public health, safety, and welfare.

.020 Appeals. The applicant aggrieved or affected by the determination of the General Manager with respect to the granting, denial, or conditional approval of an exception under Section 17.24.080 of this Chapter may appeal the decision to the Public Utilities Hearing Board.

An appeal shall be in writing and shall be filed with the Public Utilities Hearing Board within ten days after the mailing of a notice of decision by the General Manager. The appeal shall state the

grounds therefor.

The Public Utilities Hearing Board shall consider the appeal within forty-five days following the filing of the appeal, unless on the date set for such consideration, the Public Utilities Hearing Board, for cause or at the request of the applicant, continues the matter. The Public Utilities Hearing Board may reverse, wholly or partly affirm, or modify the decision of the General Manager, and may make such decisions or impose such conditions as the facts warrant with respect to the appeal. The decision of the Public Utilities Hearing Board shall be final.

Notice of the Public Utilities Hearing Board's decision shall be mailed to the applicant. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

Within ten days after the effective date of a resolution adopted pursuant to Section 17.24.060 to designate an area as an Underground Utility District, the City Clerk shall provide notice of such designation to all affected Persons, including real property owners within the designated Underground Utility District, as shown on the last equalized assessment roll, and Utilities with Overhead Facilities within the Underground Utility District. Notification by the City Clerk shall be made by mailing, or by another approved method. Notice shall include a copy of the resolution adopted pursuant to Section 17.24.060 together with a copy of this Chapter. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

.010 Any Utility shall at its own expense complete any demolition, alteration, or construction necessary, and supply any materials and equipment needed, to comply with the provisions of this Chapter, including removal of all Overhead Facilities consistent with this Chapter and, if applicable, any notice of violation or notice of nuisance determination. Notwithstanding the foregoing, with respect to Overhead Facilities located on private property (within an Underground Utility District) for which the City has issued a discretionary development permit that is conditioned, among other things, upon removal of such Overhead Facilities, the Utility and the owner of the private property shall be jointly and severally responsible for the demolition, alteration, or construction (including the supply of materials and equipment) necessary to comply with the provisions of this Chapter. For purposes of determining a private property owner's responsibility, the City may deem a private property owner a "Person" as defined by this Chapter.

.020 Underground construction by any Person shall be accomplished in accordance with established construction standards, including those adopted by the City, and in accordance with any applicable standards and federal, state, and local codes and regulations pertaining to underground construction and installation standards and, unless otherwise specified in a project- specific agreement, shall be

completed within the timeframe for removal of Overhead Facilities specified in or established pursuant to this Chapter.

.030 Each Utility with Overhead Facilities within an Underground Utility District shall notify the Public Utilities Department in writing when the Utility has completed removal of Overhead Facilities. .040 If a Utility completes removal of Overhead Facilities within twelve months of the Department's giving written notice that conduit systems have been completed, then the Department shall, at the City's expense, remove utility poles and complete roadway restoration within Underground Utility Districts, as such removals support the purpose of undergrounding Overhead Facilities established in Section 17.24.010.

.050 If a Utility does not complete removal of Overhead Facilities within twelve months of the Department's giving written notice that conduit systems have been completed, the Department shall assess the proportional costs to remove utility poles and complete roadway restoration within Underground Utility Districts, which shall constitute debts owed to the City. In addition, the City may pursue enforcement of penalties subject to Section 17.24.030. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

Every Person owning, leasing, occupying, or renting a building or structure within a Underground Utility District that is created pursuant to 17.24.060 shall construct or accommodate construction and access by Utilities, as applicable, and provide that portion of the service connection on the Person's property between the facilities referred to in Section 17.24.050 and the termination facilities on or within the building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective Utility that pertain to service connections and are on file with the Commission or are approved by the Council. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)

.010 Department shall, at its own expense, remove City-owned Overhead Facilities within an Underground Utility District as determined by resolution.

.020 Department shall administer the Underground Conversion Program funds until such time that the Council terminates the Underground Conversion Program.

.030 Department shall implement the Underground Conversion Program in accordance with Rule No. 20 of its Electric Rates, Rules and Regulations, as approved by the Council.

.040 Department shall coordinate the placement of below-surface or surface-mounted equipment with affected private property owners and shall provide equipment screening alternatives to minimize visual impacts to the property or parcel.

.050 Department shall coordinate a public utility easement in accordance with its Electric Rules, Rates and Regulations where new Underground Facilities are placed on private property.

.060 Department shall coordinate with other Utilities to facilitate removal of Overhead Facilities as further described in Section 17.24.100. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)