Duarte Municipal Code Ch. 16.30 Underground Wiring

All new buildings and structures in the city shall provide underground electrical and communications service laterals on the premises to be served.

All new buildings and structures in the industrial and commercial zones, multiple residential development and in subdivisions provided for in Section 18.08.070 shall also provide undergrounding of new and existing power and telephone lines within the street right-of-way adjacent to the property being developed.

(Ord. 530 § 1 (part), 1981)

Any reconstruction or repair to an existing building or structure within a commercial or industrial zone that exceeds fifty percent of the reasonable replacement value of the building within a five-year period shall provide undergrounding for new and existing power and telephone lines within the street right-of-way adjacent to the property being developed, in addition to providing under- grounding electrical and communication service laterals on the premises to be served.

(Ord. 530 § 1 (part), 1981)

All electrical, telephone, community antenna television system (CATV), and similar service wires or cables which provide direct service to new buildings and structures shall be installed underground in compliance with all applicable building and electrical codes, safety regulations and orders, and the rules of the Public Utilities Commission of the state.

(Ord. 530 § 1 (part), 1981)

The developer and owner are jointly and severally responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies for the installation of such facilities.

(Ord. 530 § 1 (part), 1981)

For the purpose 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 aboveground if permitted by and in accordance with the rules of the Public Utilities Commission.

(Ord. 530 § 1 (part), 1981)

Risers on poles and buildings are permitted and shall be provided by the developer or owner on the pole which services said property.

(Ord. 530 § 1 (part), 1981)

On streets where electrical and communications lines have been placed underground or where no overhead lines presently exist, said lines shall remain permanently underground and no additional electric or communications service facilities shall be added on said streets unless they are placed underground.

(Ord. 530 § 1 (part), 1981)

Variances from the requirements of this chapter may be granted by the community development director. The director shall grant such variances, upon written application, if he finds that:

(a) Compliance with this chapter would cause unreasonable hardship as applied to the construction of a particular new building or structure; and

(b) There are exceptional or extraordinary circumstances or conditions applicable to the property involved which do not apply generally to other property in the same vicinity and zone; and

(c) The granting of the variance will not be materially detrimental to the public health, safety, convenience and welfare or injurious to property and improvements in the same vicinity and zone which the property is located.

(Ord. 530 § 1 (part), 1981)

Any person aggrieved by the decision of the director on a variance application may appeal the decision to the planning commission, in writing. The planning commission, upon receipt of the appeal, shall give ten days' written notice to the appellant of a hearing, and at its next meeting following the expiration of the notice period, the planning commission shall hold a hearing, at which time the appellant, as well as his witnesses, shall be given the opportunity to be heard. Any person aggrieved by the decision of the planning commission on such appeal may appeal the decision in writing to the city council. The city council, upon receipt of the appeal, shall give ten days' written notice to the appellant of a hearing, and at its next meeting following the expiration of the notice period, the city council shall hold a hearing, at which time the appellant, as well as his witnesses, shall be given the opportunity to be heard. The decision of the city council shall be final.

(Ord. 530 § 1 (part), 1981)