Camarillo Municipal Code Ch. 13.08 Underground Facilities

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Commission" means the Public Utilities Commission of the state.

B. "Poles, overhead wires, and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a district and used or useful in supplying electric energy or communications, television cable service, or similar or associated service.

C. "Underground utility district" or "district" means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.08.040.

D. "Utility" includes all persons or entities supplying electric energy or communication, television cable service, or similar or associated service by means of electrical materials or devices.

(Ord. 353 § 1 (part), 1977: prior code § 7500.)

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 within designated areas of the city and the underground installation of wires and facilities for supplying electric energy or communication, television cable service, or similar or associated service. The city clerk shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least ten 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. 353 § 1 (part), 1977: prior code § 7501.)

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 contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Ord. 353 § 1 (part), 1977: prior code § 7502.)

If, after any such public hearing, the council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the council, by resolution, shall declare such designated area an underground utility district and order such removal and underground installation. 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 shall 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. 353 § 1 (part), 1977: prior code § 7503.)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in Section 13.08.040, 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 such overhead facilities are required to be removed by such resolution, except as such 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 as provided in Section 13.08.100, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.

(Ord. 353 § 1 (part), 1977: prior code § 7504.)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed thirty days, without authority of the city council in order to provide emergency service. For a limited period of time the city engineer may grant special permission, on such terms as he deems 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. 353 § 1 (part), 1977: prior code § 7505.)

The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 13.08.040 unless otherwise provided in such resolution, shall not apply to the following:

A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;

B. Poles or electroliers used exclusively for street lighting;

C. 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, where such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited;

D. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-three thousand volts;

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. Antennae, associated equipment, and supporting structures for furnishing communication services for the utility company use;

G. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;

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

(Ord. 353 § 1 (part), 1977: prior code § 7506.)

Within ten days after the effective date of a resolution adopted pursuant to the provisions of Section 13.08.040, the city clerk shall notify all affected utilities and all persons owning real property within the district thereby created, of the adoption of the resolution. The 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, television cable, communication, or similar or associated services, 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.

(Ord. 353 § 1 (part), 1977: prior code § 7507.)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to the provisions of Section 13.08.040, 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 commission.

(Ord. 353 § 1 (part), 1977: prior code § 7508.)

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 13.08.090 and the termination facility on or within such building or structure being served.

B. In the event any person owning, operating, leasing, occupying or renting such property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to the provisions of Section 13.08.040, the city engineer shall post written notice on the property being served and thirty days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.

C. The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and to the owner thereof as such owner's name appears, and at the address shown on the last equalized assessment roll and, when no address appears, to General Delivery, City of Camarillo, California. 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 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 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on such premises.

D. The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if such work is not completed within thirty days after receipt of such notice, the city engineer shall provide the work for such required underground facilities, in which case the cost and expense thereof shall be assessed against the property benefited and become a lien upon such property.

E. If, upon the expiration of the thirty day period, the 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, television cable service, or communications services are being furnished thereto, the city engineer may, in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. Upon completion of the work by the city engineer, he shall file a written report with the council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. 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 time shall not be less than ten days thereafter.

F. The city engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises and a notice in writing thereof to the owner thereof, in the manner provided in subsection C of this section for the giving of the notice to provide the required underground facilities, of the time and place the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

G. 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.

H. If any assessment is not paid within five 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 to the assessor and tax collector a notice of lien on each of such properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. Such lien shall be due and payable, and, if not paid when due and payable, shall bear interest at the rate of six percent per year.

(Ord. 353 § 1 (part), 1977: prior code § 7509.)

The city shall remove at its own expense all city owned equipment from all poles required to be removed under this chapter 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 the provisions of Section 7503.

(Ord. 353 § 1 (part), 1977: prior code § 7510.)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 13.08.040 cannot be performed within the time provided on account 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 shall be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. 353 § 1 (part), 1977: prior code § 7511.)

A. The council finds and determines that the public interest requires, except as otherwise provided in this chapter, that all facilities and wires for the supply and distribution of electric energy and service, television cable service, and telephone and telegraph service for all new construction and land developments shall be placed underground in order to promote and preserve the health, safety, and general welfare of the public and to assure the orderly development of the city.

B. The council also finds that the public interest requires, except as otherwise provided in this chapter, that all facilities and wires for the supply and distribution of electric energy and service, television cable service, and telephone and telegraph service shall be placed underground in order to promote and preserve the health, safety and general welfare of the public, and to assure the orderly development of the city under the following circumstances:

1. When such facilities are located in a public easement or public right-of-way adjacent to new construction or land development;

2. When such facilities are in a public utility easement adjacent to new construction or land development and service to the proposed new construction or land development is to be provided by such facilities;

3. When such facilities are on the site of the proposed construction or land development to the nearest existing suitable pole off-site;

4. When such facilities are in a utility easement and any portion of which easement, aerial, surface or underground, is over or on the site of the proposed new construction or land development. It is the intent of this subsection to require undergrounding of such facilities in the event such easement consists of contiguous parcels, separated only by a property line.

In the event such facilities are in a public utility easement adjacent to new construction or land development but no part of which easement lies upon the site of the proposed new construction or land development and service to the proposed new construction or land development is not to be provided by such facilities, the planning commission shall make a recommendation to the city council on the utility undergrounding requirements therefor, and prior to any permit being issued for such construction or development, the city council shall take final action and determine whether such facility shall be undergrounded as a condition to a permit being issued for such development or construction.

Facilities as used in this subdivision shall include poles, wires and any other appurtenances for the supply and distribution of the service referred to herein.

(Ord. 478 § 1, 1980; Ord. 353 § 1 (part), 1977: prior code § 7512.)

The subdivider, land developer or property owner is responsible for complying with the requirements of this chapter, and he shall make the necessary arrangements with the utility companies for the installation of such facilities subject to the utilities' rules, regulations, and tariff schedules on file with the State Public Utilities Commission. This chapter shall apply to all property for which any development permit or approval for development by the city is required, including all property within subdivision maps and parcel maps hereinafter filed with the county recorder, except as provided for in this section. For the purposes of this chapter, appurtenances and associated equipment such as but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be placed above ground.

The city council after review and recommendation by the planning commission, may waive the requirements of this chapter if topographical, soil or any other conditions make such underground installations unreasonable or impractical.

A. The city engineer may accept a bond to guarantee later undergrounding of facilities if on the following criteria he finds undergrounding to be unfeasible at the time of construction or modification:

1. The project is not within an established underground utility district, but is within or adjacent to a proposed district;

2. The location, topography, soil condition, or other factor(s) make undergrounding not technically or economically feasible at the time of construction or modification.

An estimate of the cost of the undergrounding shall be prepared by the subdivider and shall accompany the improvement. Cost estimates shall include a separate item for contingencies in the amount of ten percent of the estimated actual cost. Based on the estimate submitted by the subdivider, the city engineer shall determine the final estimated cost for the undergrounding. Security posted for the undergrounding shall be for the full amount of the estimated costs as determined by the city engineer. Security shall be of the type specified in Section 66499 of the Government Code and before acceptance by the city engineer, shall be approved by the city attorney as to form and legal sufficiency.

This section shall not apply to:

a. Overhead facilities approved by the city engineer to be installed and maintained for a period not to exceed thirty days in order to provide emergency service; and

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

c. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at voltages in excess of thirty-three thousand volts.

B. Except as provided for in this section, all utility facilities, including service laterals shall be installed in the ground prior to the paving of streets. The city engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. At the time of recommending approval of the tentative map for a proposed subdivision, the planning commission may recommend modification of the requirement for all or part of a subdivision where, due to physical conditions, it would cause undue hardship.

Both transformers and access points must be placed so as to safeguard the public against any hazard created by said equipment and to preserve good neighborhood appearance.

All utilities to be installed shall be installed within the street, alley, or walkway dedication as approved by the city engineer, or in easements obtained by the utility company adjacent thereto. The city engineer may allow deviations from this requirement of placement when compliance is deemed impractical, or where any conflicting paramount laws would allow such deviation.

The subdivider shall make all necessary arrangements for underground installations and for relocation of existing facilities with the utility companies involved. There shall be provided in each subdivision by the subdivider trenching, conduit and miscellaneous substructures necessary for the installation of cable television and its appurtenant electronic gear.

C. In the development of a residential single-family lot or in any land division in an existing established built up family residential area, which results in four or less separate single-family residential lots that are in an existing overhead area where future undergrounding or extension of undergrounding to the surrounding areas is not contemplated within the foreseeable future, undergrounding of utilities shall be imposed as a condition; provided, however, that if such a condition is imposed, the owner in lieu thereof may pay a fee in the amount established by the city council by resolution.

In the event the application of the provisions of this subsection would be inequitable or would create a hardship and relief from this subsection would not be inconsistent with the purpose and intent of this chapter, the city council upon application being made may provide relief from this subsection on such terms and conditions as it may deem necessary to protect the public health, safety and welfare.

(Ord. 478 § 2, 1980: Ord. 431 § 1, 1979: Ord. 367 § 1, 1977; Ord. 353 § 1 (part), 1977: prior code § 7513.)

Plans detailing the location of all underground utilities hereinafter installed shall be prepared by the subdivider making the installation and submitted to the public works department of the city for approval in accordance with standards adopted by the city council. The public works department shall provide inspection services to ensure the installation of all underground utilities in accordance with city approved plans. The subdivider making the installation shall bear the cost to the city of the inspection services.

(Ord. 353 § 1 (part), 1977: prior code § 7514).

A. When any condition for undergrounding is imposed by the planning commission, or by any administrative officer of the city as a condition to the issuing of any permit or the approving of any development, such determination may be appealed to the city council upon payment of such fee as may be determined from time to time by action of the city council. Any appeal shall be made by filing written notice thereof with the city clerk within thirty days from the date of the determination.

At least ten days prior to the time the appeal is to be heard by the city council, the city clerk shall give written notification to such utility of the time and place of hearing.

The city council may affirm, reverse, or modify the recommendation of the planning commission or staff member and may waive or conditionally waive the provisions of this chapter when it finds that the requirements of an undergrounding installation of utility lines would be unreasonable or impractical considering but not limited to the following:

1. Geological or soil conditions;

2. Topographical conditions;

3. When the development of commercial, industrial or residential property which is in an existing overhead area and where undergrounding or extension of undergrounding to surrounding areas is not contemplated within such length of time as the council deems reasonable so as to require immediate undergrounding and the city council determines that the area is unique and of special circumstances.

The city council in relation to such other relief as it may afford may require the developer or permittee to make a cash deposit in lieu of actual construction or undergrounding; the amount shall be determined by resolution of the city council. Such fee shall be deposited and maintained in an undergrounding fund, and the proceeds of such fund may be used from time to time for undergrounding projects anywhere within the city at such time and in such manner as the city council may determine.

B. In addition to such other relief as the city council may grant, it may provide for the apportionment of costs of undergrounding between two developers when it finds that to do so would be equitable. In considering whether such costs shall be apportioned, the council may give consideration to the following:

1. The developments are adjacent to each other;

2. They are required to underground a common facility which traverses portions of each of the developments;

3. The time of development will be approximately the same.

In the event the city council determines that the cost of undergrounding shall be apportioned between two or more developers, the council in determining the pro rata share of each developer shall give consideration to, but is not bound by, the portion of the facility within each development and the benefit to be derived. Likewise, the city council may determine whether the initial cost shall be borne by one developer, or whether funds shall be deposited with the city for disbursement to the affected utility.

(Ord. 478 § 3, 1980: Ord. 431 § 1 (part), 1979: Ord. 353 § 1 (part), 1977: prior code § 7515.)

No building permit shall be issued for any new construction or land development unless the applicant's plans comply with the provisions of this chapter or until the applicant has obtained a waiver of the requirements of this chapter.

(Ord. 353 § 1 (part), 1977: prior code § 7516.)

For the purposes of this chapter, appurtenances and associated equipment, including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed aboveground.

(Ord. 353 § 1 (part), 1977: prior code § 7517.)