Corona Municipal Code Ch. 15.60 Underground Wires

The City Council finds that the preservation and protection of the health, safety and general welfare of the residents thereof and the public at large requires that all poles, wires and associated structures, as defined in § 15.60.020, shall not be constructed, placed and installed above the surface of the ground for the following reasons:

(A) Poles, wires and associated structures, which are constructed, placed or installed above the surface of the ground, are a hazard to the safety and health of operators of motor vehicles and passengers therein since they constitute encroachments, which reduce and obstruct the vision of such operators and thereby preclude a reasonable response time by an operator to an emergency situation after noticing such. The poles, wires and associated structures are a danger to fire suppression and prevention personnel, street maintenance and utility personnel, who, by reason of their jobs and duties, frequently come in close proximity thereto, particularly when using ladders, booms and cranes. The construction, placement and installation of such wires and associated structures underground will substantially reduce the hazards;

(B) The poles, wires and associated structures also create dangerous situations, causing death, injuries and property damage through fires and electrocution by reason of being toppled, tipped and otherwise displaced by uncontrolled weather elements such as rain, wind, sleet, snow and electrical storms. The hazards will be substantially eliminated by the construction, placement and installation of the wires and associated structures underground;

(C) The location of the poles, wires and associated structures above the ground surface makes them susceptible to damage, destruction and being rendered inoperable by weather or human causation. This results in services provided thereby to be interrupted, the uninterrupted continuation of which is vitally needed for the protection of the public health, safety and general welfare, particularly life saving institutions such as hospitals and fire and law enforcement communication facilities. The construction, placement and installation of the wires and associated structures underground reduces the chances of such interruption;

(D) The existence of poles, wires and associated structures above the ground is detrimental to the general welfare of the city by its blight on the natural beauty and aesthetic environment of the city and the resulting interference with the restfulness, tranquillity and pleasure of city residents in viewing the natural landscape of the city. The underground installation, placement and construction of wires and associated structures will enhance and preserve the natural beauty and landscape of the city by keeping from public view such functional, but non-aesthetic facilities.

(`78 Code, § 15.60.010.)

Whenever the following words or phrases are used in this chapter, they shall have the respective meanings as stated in this section in the following definitions.

(A) "Community antenna television system" (in this chapter referred to for convenience as "CATV") means a system of antennas, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio service by cable or through its facilities.

(B) "Poles, wires and associated structures" mean poles, towers, supports, wires, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances used in whole or in part for supplying, distributing or transmitting electric energy, radio signals, television signals, telegraphic signals and providing telephone, electrical, light, radio, television, telegraphic and CATV services or any similar associated services to a building or structure and the occupants thereof, if any.

(C) "Service" has the same meaning as the term is defined in the California Electrical Code, 2022 edition, as adopted by § 15.28.020.

(D) “Utility” includes all persons supplying transmitting or distributing electrical energy and service, radio signals, television signals, telegraphic signals and providing telephone, electrical, light, radio, television, telegraphic and CATV services or any similar associated services by means of poles, wires and associated structures.

(`78 Code, § 15.60.020.) (Ord. 3357 §19, 2022.)

Except as provided in § 15.60.040 and subject to § 15.60.090, no person shall construct, install or place above the surface of the ground any poles, wires and associated structures, irrespective of the use or proposed use of the structure or building to be served thereby.

(`78 Code, § 15.60.030.)

The provisions of this chapter shall not apply to the following poles, wires and associated structures (hereinafter referred to collectively as "utility facilities") under the circumstances as hereinafter described:

(A) Utility facilities constructed, placed or installed (in this chapter referred to collectively as "constructed") or proposed to be constructed within six feet of the lot line of any real property for which service is being or intended to be provided by the utility facilities, if the sole purpose of the construction of utility facilities is to terminate underground utility facilities; provided, however, the utility facilities may be placed at a distance further than six feet from the lot line to enable a maximum underground run of 200 feet;

(B) Surface mounted transformers, pedestal mounted terminal boxes, meter cabinets, concealed ducts and other appurtenances and associated equipment which are part of and necessary for the operation of an underground electrical, communication, CATV, radio or telegraphic system;

(C) Utility facilities installed by a utility for temporary purposes, including, but not limited to, servicing building construction projects for which valid building permits have been issued by the city or the conduct of temporary uses, as defined in § 17.94.010 and which uses are being or proposed to be conducted in compliance with all requirements of this code, including its building code, electrical code and zoning regulations;

(D) Utility facilities which distribute, supply and transmit 34,000 volts or greater of electrical energy.

(`78 Code, § 15.60.040.)

The owner, lessee, tenant or occupant of a building or structure or the owner of property proposed to be developed by a building or structure has the initial obligation to comply with all the requirements of this chapter, and in performance of the obligation shall make the necessary arrangements with the appropriate utility for the installation and construction of utility facilities so that they will be in compliance with the provisions of this chapter. This section is not intended to eliminate or limit the obligation of any person, including a utility, to comply at all times with all provisions of this chapter, but expresses the City Council’s intent as to whom has the primary obligation of compliance.

(`78 Code, § 15.60.050.)

If any person believes that the application of any provision of this chapter is impractical and will cause practical difficulties and unnecessary hardship to him or her or the public in general due to certain topographical conditions, street configurations, underground obstacles, soil, water or other natural conditions which would make the underground installation of utility facilities unreasonable, the person may apply in writing to the City Council for a waiver of such provision of this chapter. The application shall be filed with the City Clerk and the City Council shall consider the application no later than 30 days thereafter, at which time it shall hear the applicant’s evidence in support of the application, the comments and recommendations of the city’s employees and officials thereon. It may hear other parties. The City Council may grant a waiver from all or any provisions of this chapter after considering a specific application therefor and after making a finding that the application of the specific provision in question would be unreasonable, impractical and cause undue hardship to the applicant or the general public. If the City Council does grant a waiver, it may impose reasonable conditions on the grant in the interest of protecting and preserving the public health, safety and general welfare. The City Council shall make its decision on the application no later than 30 days after it has concluded its consideration thereof. The decision of the City Council shall be final.

(`78 Code, § 15.60.060.)

Any aggrieved person, including a property owner or utility, may appeal any decision by the city’s principal planning and building official under this chapter to the City Council by filing a written notice of appeal with the City Clerk no later than ten days after the principal planning and building official’s decision. The notice of appeal shall clearly state the appellant’s contentions as to how the principal planning and building official made an improper or incorrect decision. Upon timely filing of a written notice of appeal, the City Council shall consider such and take action thereon within a reasonable time after the notice of appeal has been filed. The City Council shall hear the appellant and any evidence he or she wishes to produce in support of his or her appeal and shall hear the principal planning and building official and any evidence he or she wishes to submit in support of his or her decision. The City Council may hear and consider other evidence. The City Council’s action on the appeal may be by motion and shall be final.

(`78 Code, § 15.60.070.)

(A) Any utility facility which is not in conformity with the provision of this chapter as of the effective date of the ordinance by which it is enacted shall be considered nonconforming and may continue to be used and may be altered, enlarged or have additions thereto in its existing location without any provisions of this chapter being applicable thereto; provided, however, that when any building or structure to which any utility facility provides any service is enlarged or an addition is made thereto and the cost of replacing the building or structure with its addition or enlargement exceeds by 50% or more the cost of replacing the building or structure prior to its enlargement or the addition thereto, then all utility facilities which provide service to such building or structure, as described in the aforesaid proviso clause, shall be caused to comply with all provisions of this chapter.

(B) The term “cost of replacing,” as used in this section means those costs as computed by the city’s principal planning and building official or his or her delegated representative. In making the computation, the city official shall use those tables and figures provided in that document entitled "Building Valuation Data," as published by International Code Council and which is current at the time of such computations. The tables and figures shall apply to a building which would conform to all the city and state regulations, including city’s building, plumbing, wiring, mechanical, fire codes and zoning regulations which are effective at the time of the computation.

(`78 Code, § 15.60.080.) (Ord. 3357 §20, 2022.)

If any provision of this chapter, including § 15.60.040 relating to exceptions, conflict with any other provisions of this code, including, but not limited to, Title 16, Chapter 15.08 and Chapter 5.14, and Ordinance No. 1275 (awarding CATV franchise to Corona Cablevision, Inc.), the latter provisions shall prevail and control over the provisions of this chapter.

(`78 Code, § 15.60.090.)