Lompoc Municipal Code Ch. 13.28 Underground Utility Districts

This Chapter shall be known as the "City of Lompoc Underground Utility District Ordinance."

(Prior code § 3396.8)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter, and except to the extent that a particular word or phrase is otherwise specifically defined in this Section, the definitions and provisions contained in Section 1.04.020 of this Code shall govern the construction, meaning, and application of words and phrases used in this Chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

"Commission"

means the Public Utilities Commission of the State of California.

"District" or "Underground Utility District"

means that area in the City within which any poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.28.040.

"Person"

means and includes individuals, firms, corporations, partnerships, and their agents and employees.

"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 above ground within a District in used or useful in supplying electric, communication, cable television, or similar associated service.

"Superintendent"

means the Electric Utility Manager.

"Utility"

means all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Prior code § 3396.9)

The City Council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the full removal of poles wires, and associated overhead structures within designated areas of the City and the full underground installation of wires and facilities for supplying electric, communication, cable television, or similar associated service, subject to such exceptions as may be authorized by Section 13.28.070. The City Clerk shall notify all affected property owners as shown on the last assessment roll and City departments and utilities concerned by mail 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 City Council shall be final and conclusive.

(Prior code § 3396.10)

If, after any such public hearing, the City Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, for the reason that such acts will avoid or eliminate an unusually heavy concentration of overhead facilities; or streets involved are extensively used and carry a heavy volume of traffic; or the facilities or streets involved adjoin or pass through scenic, civic, park, recreation, or other special areas in which undergrounding is of a special necessity or effect; the Council shall, by resolution declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall fix the time within which such removal and underground installation shall be accomplished and within which affected persons must 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. The resolution shall include a description of the area comprising such district. The description may be by adoption of a map or drawing by reference. Whenever the description refers to a street or alley, the reference shall be to the boundaries of the street or alley; and the district area shall also include all yards required by the Zoning Ordinance along the street or alley on all properties abutting the street or alley, unless the resolution otherwise provides.

(Prior code § 3396.11)

Whenever the City Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in Section 13.28.040, it shall be 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 said overhead facilities are required to be removed by such resolution, except as said 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 13.28.090, and for such reasonable time, as determined by the Electric Utility Manager, required to remove said facilities after said work has been performed.

(Prior code § 3396.12)

Notwithstanding the provisions of this Chapter, the Manager may grant special permission, on such terms as the Manager may deem necessary and proper, in case of an emergency or unusual circumstances or in case of a construction project, to utilities or governmental agencies to temporarily erect, construct, install, maintain, use, or operate poles, overhead wires and associated overhead structures.

(Prior code § 3396.13)

Any resolution adopted pursuant to Section 13.28.040, shall, unless otherwise provided in such resolution, not apply to the following type of facilities:

A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Electric Utility Manager;

B. Poles, or electroliers used exclusively for street lighting, and conductors which serve a single pole or electrolier;

C. Overhead wires carrying electric power at primary or transmission voltage (exclusive of supporting structures) crossing (at approximately a right angle to the main axis of the District at that point, as the Council may approve) any portion of a District within which overhead wires have been prohibited;

D. Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 10,000 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 encroaching upon or over any public street;

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

G. Poles, overhead wires, and associated overhead structures presently in existence at the time of adoption of the resolution which had been theretofore approved by the City as complying with requirements of partial undergrounding of the area, i.e., those which were erected as a "streamline" system or other partial underground system of similar denomination.

(Prior code § 3396.14)

Within 30 days after the effective date of a resolution adopted pursuant to Section 13.28.040, the City Clerk shall notify all affected utilities and City departments and all affected property owners, as shown on the last assessment roll, within the District created by said resolution of the adoption thereof. 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, communication or similar, or associated service, 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.

(Prior code § 3396.15)

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 13.28.040, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment in the manner provided in applicable rules and regulations of the City or any utility whose rules, regulations or tariffs are on file with the Commission.

(Prior code § 3396.16)

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 or her property between the facilities referred to in Section 13.28.090 and the termination facility on or within said building or structure being served; all in accordance with applicable rules and regulations of the City or a utility whose rules, regulations and tariffs are on file with the Commission.

B. In the event any person owning, operating, leasing, occupying, or renting said property does not comply with the provisions of Subsection A of this Section within the time provided for in the resolution enacted pursuant to Section 13.28.040, the Superintendent shall post written notice on the property being served and 30 days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon such order, any affected utility shall so disconnect and remove the wires and facilities.

(Prior code § 3396.17)

The City shall remove at its own expense all City-owned equipment from all poles not owned by and required to be removed hereunder 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 Section 13.28.040.

(Prior code § 3396.18)

In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 13.28.040 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 similar circumstances beyond the control of the actor, then the time within which such act will be accomplished will be determined and extended by the Superintendent for a period equivalent to the time of such limitation.

(Prior code § 3396.19)

The City Clerk shall file by map or otherwise, the description of the area comprising a District declared by the City Council, for recording by the Recorder of Santa Barbara County.

(Prior code § 3396.20)

Whenever any resolution adopted pursuant to this Chapter is to be amended to change any provision thereof (other than a change of district boundaries), the procedure of this Chapter shall be followed except that only utility companies and affected property owners need be given required notices.

(Prior code § 3396.21)