Chula Vista Municipal Code Art. I Subdivisions

It is the purpose and intent of this article to require the undergrounding of all future distribution and transmission utility installations and all presently existing distribution and transmission installations located within or adjacent to new subdivisions in the City, whether such subdivision has been created by a subdivision map or a parcel map, except in those circumstances where such undergrounding would be infeasible or impractical as set forth herein. It is the intent of the City Council to require that, henceforth, all new subdivisions shall be required to provide for:

A. The undergrounding of distribution facilities from the power source selected by the utility company, even though such power source may be a substantial distance from the boundaries of the proposed subdivision or the distribution lines are located on common poles with transmission lines; and

B. The undergrounding of independently supported transmission facilities carrying 69,000 volts or less, in the same manner as for distribution facilities. (Ord. 1781 § 1, 1978; Ord. 1483 §§ 1, 3, 1973; Ord. 1128 § 1, 1968; prior code § 34.101).

All privately owned public distribution and independently supported transmission utility systems within the boundaries of any subdivision, and all such distribution utility systems required to be constructed to any off-site power source and service facilities within the boundaries of any subdivision, shall henceforth be placed underground. In addition, said owners or persons shall also be responsible for the undergrounding of all distribution and all independently supported transmission facilities which are adjacent to the property and located within the public right-of-way on that half of the public right-of-way contiguous to the boundary of the subdivision whenever the lineal footage of the electric distribution or independently supported transmission facilities to be converted within the subdivision, and the lineal footage of the electric distribution facilities to be converted within the public right-of-way adjacent to the subdivision, equals or exceeds 600 feet, or at least one block, whichever is the lesser, for distribution lines and 1,500 feet for independently supported transmission lines. In the event that the requirement of undergrounding existing distribution utility systems adjacent to the boundary of a subdivision as required in this section should, in order to comply with the utility’s rules and practices, necessitate the undergrounding of other distribution utility systems and service lines serving other property owners, the subdivider shall be responsible for such conversions, and each property owner is required to allow the necessary changes to his premises to be made unless the requirement is deferred or suspended as provided in CVMC 15.32.040. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. (Ord. 1781 § 1, 1978; Ord. 1586 § 1, 1974; Ord. 1483 §§ 1, 3, 1973; Ord. 1437 § 1, 1972; Ord. 1128 § 1, 1968; prior code § 34.102).

The subdivider shall be responsible for the requirements of this article and shall make the necessary arrangements with each of the public utility companies of the installation of underground facilities and the relocation of existing facilities. The subdivider shall provide the City with letters indicating that said arrangements have been made with the public utility companies, stipulating the undergrounding of said utility facilities concurrent with the filing of the final map of any subdivision as required by this chapter and the State Subdivision Map Act, and subject to the approval of the City. Said arrangements between the subdivider and the public utility companies as a condition of approval of the final map may be waived as provided herein.

A. The provisions of this section shall not require the undergrounding of power transmission lines of 60,000 volts or more located on common poles with distribution lines.

B. Street lighting will be required as recommended by the Director of Public Works and approved by the City Council.

C. Television and radio reception shall be provided by means of a cable television system, franchised by the City, or a master antenna television system, licensed by the City, pursuant to the provisions of Resolution No. 6689 of Chula Vista, and the subdivider shall provide the City with copies of the conditions, covenants and restrictions which shall indicate the prohibition of the use of individual outdoor antenna systems. (Ord. 1781 § 1, 1978; Ord. 1483 §§ 1, 3, 1973; Ord. 1128 § 1, 1968; prior code § 34.103).

A subdivider or public utility company may request that the City Council vary from or defer the requirements of this article. The applicant for such variance shall pay the required fee(s) at the time the application is submitted to the Department of Public Works to cover the cost of the public hearing to be noticed by the City Clerk in accordance with notification requirements of the laws of the state of California. After conducting the public hearing, the Council may defer the requirements of this article after the Council finds from the evidence presented at the hearing that all of the following facts exist:

A. That extraordinary conditions exist to the extent that enforcement of this article would result in unnecessary hardship to the subdivider or the utility company;

B. That such deferral will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of the neighborhood.

In the event that the Council elects to defer the undergrounding requirements, the subdivider shall enter into an agreement with the City stipulating the acceptance of the establishment of an undergrounding district at some future date, and waiving any protests against such a district. Said agreement shall be binding upon the heirs, successors and assigns of the subdivider and shall be recorded. (Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1483 §§ 1, 3, 1973; Ord. 1128 § 1, 1968; prior code § 32.104).