Chula Vista Municipal Code Art. II New Structures and Conversions

A. All structures and buildings being constructed and all existing structures and buildings being converted from individual, corporate or partnership ownership or multiple-family projects to condominium or other individual-unit form of ownership in any residential, commercial or industrial zone in the City shall, within the exterior boundary lines of such property, have all electrical, communication, CATV and similar distribution service wires, and/or cables, placed underground. The owner or person converting any apartment building or project to the condominium or other independent-unit form of ownership shall be responsible for complying with the requirements of this article and shall make the necessary arrangements with each of the serving utilities for the installation of such facilities.

B. As used in this article, a “new structure or building” shall be defined as one where the building permit valuation is $20,000 or more, and shall also include additions, alterations and remodeling work to existing structures or buildings; provided, however, that any additions, alterations or remodeling of existing single-family dwelling units and new single-family dwellings constructed on existing individual lots shall be exempted from the provisions of this chapter.

C. In addition, said owners or persons shall also be responsible for the undergrounding of distribution and independently supported transmission facilities adjacent to the property and located in the right-of-way, as defined in CVMC 15.32.020, whenever the lineal footage of the electric distribution facilities to be converted within the public right-of-way adjacent to the conversion project 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.

D. In the event that the requirement of undergrounding existing distribution utility systems adjacent to the boundary of the conversion project as required herein 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 builder or converter, as the case may be, 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 suspended or deferred as provided in CVMC 15.32.070. 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. 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.

E. As used in this chapter, “independently supported transmission facilities” shall be defined as any 69 KV or lower voltage transmission facilities which do not share support facilities with distribution, communication, community antenna television or similar or associated services. (Ord. 1781 § 1, 1978; Ord. 1685 § 1, 1976; Ord. 1483 §§ 2, 4, 1973; Ord. 1128 § 1, 1968; prior code § 34.201).

Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities may be placed above ground. Water and sewer distribution facilities shall be installed in conformance with specifications of the Director of Public Works. (Ord. 1781 § 1, 1978; Ord. 1483 § 2, 1973; Ord. 1128 § 1, 1968; prior code § 34.202).

An owner 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 fee as presently designated, or as may in the future be amended, in the master fee schedule 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 owner 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 owner and shall be recorded. (Ord. 1961 § 1, 1982; Ord. 1600 § 1, 1974; Ord. 1483 §§ 2, 4, 1973; Ord. 1128 § 1, 1968; prior code § 34.203).