National City Municipal Code Ch. 13.08 Underground Utility Installations Procedure

"Redevelopment" refers to planning, development, redesign, etc., of all or part of lands of five acres in area, based on general welfare, and may include rehabilitation of existing structures, open space type uses (streets, parks, recreation areas, etc.), development of undeveloped areas which are either stagnant due to faulty street and lot layout or need replanning and land assembly due to scattered ownership or tax delinquency, but does not exclude continuance of existing structures.

"Subdivision" refers to improved or unimproved land or lands divided or proposed to be divided, for the purpose of sale or lease or financing, whether immediate or future, into five or more lots or parcels, and condominium projects of five condominiums or more and community apartment projects of five parcels or more as defined in Section 11535.1 of the Subdivision Map Act of the state, whether such projects are new or are conversions from other forms of ownership.

(Ord. 1506 § 2, 1976; Ord. 1181 § 2, 1967)

In conjunction with the approval of all subdivisions, the following shall be required:

A. Underground Utilities. All existing or proposed electrical, telephone or similar distribution utility facilities shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground utilities or any required street lighting system may be placed above ground.

All water distribution and sewer collection facilities shall be installed in conformance with the specifications of the city.

B. Ornamental Street Lighting. Ornamental street lighting may be required in all locations and design as approved by the city council, upon recommendation of the planning commission. All such lighting on streets to be offered for dedication shall be electric.

C. Fire Alarm Boxes. Provisions shall be made with the city for the installation of fire alarm boxes and wiring for same, in accordance with the fire alarm system of the city.

D. Responsibility. The subdivider shall be responsible for complying with the requirements of this section and shall make all the necessary arrangements with each of the serving utility companies and the city for the installation of all required facilities.

(Ord. 2283, 2006: Ord. 1181 § 3, 1967)

Within the boundary lines of all property upon which is constructed or moved in a multiple-family dwelling of five units or more, a commercial, manufacturing or industrial structure, the following conditions on installation of public utility facilities shall be required:

A. Underground Utilities. All electrical telephone and similar distribution service wires shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground facilities may be placed above ground.

All sewer collection and water distribution facilities shall be installed in conformance with specifications of the city.

B. Responsibility. The property owner is responsible for complying with the requirements of this section and shall make all the necessary arrangements for the installation of such facilities with each of the serving utility companies and the city.

C. Existing Utilities and Structures. This section shall not apply to existing utilities, existing structures, nor to the alteration, extension or enlargement of an existing structure.

(Ord. 1181 § 4, 1967)

Within the exterior boundary lines of all property and within the half of all streets bounding a redevelopment project, publicly or privately controlled, of five acres or more, the following conditions shall be required:

A. Underground Utilities. All existing utility facilities within the exterior boundary line of the redevelopment project and within the half of all streets bounding the redevelopment project shall be relocated and installed underground.

All electrical, telephone and similar distribution utility facilities to be installed within the exterior boundary lines and within the half of all streets bounding the redevelopment project shall be placed underground.

All water distribution and sewer collection facilities shall be installed in conformance with specifications of the city.

Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground utilities or any required street lighting system may be placed above ground.

B. Ornamental Street Lighting. Ornamental street lighting shall be required in all locations and design as approved by the city council, upon recommendation of the planning commission. All such lighting on streets dedicated or to be offered for dedication shall be electric.

C. Television and Radio Antennas or Cables. Television and radio reception shall be provided by concealed antennas or by an underground or other concealed cable and one central antenna.

D. Fire Alarm Boxes. Provisions shall be made with the city for the installation of fire alarm boxes and wiring the same, in accordance with the fire alarm system of the city.

E. Responsibility. The property owner and/or developer shall be responsible for complying with the requirements of this section and shall make all the necessary arrangements with each of the serving utility companies and the city for the installation of all required facilities.

(Ord. 1181 § 5, 1967)

The provisions of Sections 13.08.010 through 13.08.040 shall not apply to the installation or maintenance of overhead electric transmission lines and overhead communication long distance trunk and feeder lines. If the planning commission finds that exceptional circumstances or conditions apply to any portion of a proposed development as outlined in Sections 13.08.010 through 13.08.040 and the requirement of the installation of any of the improvements required herein would be impractical or unreasonable because of the topography, soil, exceptional drainage conditions or other condition, or it is not economically feasible to install the required installation, the city council, upon recommendation of the planning commission may grant specific modifications or waivers of the improvement required.

(Ord. 1181 § 6, 1967)

This article may be cited as the "National City underground utilities procedural ordinance."

(Ord. 1414 § 1, 1974)

This article shall be liberally construed in order to effectuate its purposes, and no error, irregularity, or informality, and no neglect or omission of any officer in any procedure taken under this article which does not directly affect the jurisdiction of the council to order the work and improvement shall avoid or invalidate such proceeding.

(Ord. 1414 § 2, 1974)

It is the purpose and intent of this article to provide for the creation of underground utility districts in the city in which poles, overhead wires and associated overhead structures, as hereinafter defined, shall not be permitted.

(Ord. 1414 § 3, 1974)

Whenever in this article the following words or phrases are used, they shall mean:

A. "City" means the city of National City, a municipal corporation in the state of California.

B. "Commission" means the Public Utilities Commission of the state of California.

C. "Council" means the city council of the city.

D. "Underground utility district" or "district" means that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area as described in a resolution or resolutions adopted pursuant to the provisions of Section 13.08.130.

E. "Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, cables, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or usable in supplying electric, communication, community antenna television or similar or associate service.

F. "Utility company" means and includes all persons and entities supplying electric, communication, community antenna television or similar or associated service.

G. "Affected persons" means the owners of real property located within the district, or proposed district, as shown on the last equalized San Diego County assessment roll and each occupant of real property located within the district or proposed district.

(Ord. 1414 § 4, 1974)

Unless otherwise provided in the resolution creating the district, this article and any resolution adopted pursuant thereto shall not apply to the following types of facilities:

A. Poles, and associated overhead structures, used exclusively for street lighting or signalization;

B. Overhead wires (exclusive of supporting structures) connecting to buildings on the perimeter of a district when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

C. 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 crossing any public street;

D. Electric transmission lines of sixty thousand volts phase-to-phase and above;

E. Radio antennae, associated equipment and supporting structures for such antennae, used by a utility company for furnishing communication services;

F. Pad mounted transformers, junction boxes and service terminals on pedestals above ground used to distribute electrical, communication and community antenna television or similar or associated service, in the underground systems;

G. Temporary poles, overhead wires and associated overhead structures located on private property, used solely during the course of construction on that private property;

H. Overhead wires to provide temporary or emergency service installed subject to the provisions of Section 13.08.150;

I. New or existing pole to anchor guy wires within the district necessary to support overhead facilities outside the boundary of the district or poles within the district which have been specifically excepted in the resolution creating the district.

(Ord. 1414 § 5, 1974)

By appropriate resolution the council may from time to time call public hearings to ascertain whether the public health, safety or general welfare requires the removal of poles, overhead wires and associated overhead structures within the designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service. Each hearing shall be open to the public and may be continued from time to time. At each hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.

(Ord. 1414 § 6, 1974)

A. The city clerk shall notify all affected persons and each utility company concerned of the time and place of the hearings at least fifteen days prior to the date thereof.

B. Notices given under this section may be given either by personal service or by mail. In case of service by mail, each notice must be deposited in the United States mail in a sealed envelope with postage prepaid. Each notice to an owner of real property in a district, or proposed district, shall be addressed as such owner's name appears, and at the address listed for such owner, on the last equalized assessment roll of the county of San Diego. Each notice to an occupant of real property in any district, or proposed district, shall be addressed to occupant at the street address or addresses located on the real property. Notice given by mail shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after the mailing thereof.

C. The city clerk shall cause the resolution calling a public hearing as set forth in Section 13.08.110 to be published in a newspaper of general circulation as defined in Section 6000 of the California Government Code. Publication of the resolution shall be for one time, not less than five days prior to the date of the public hearing stated in the resolution.

(Ord. 1414 § 7, 1974)

If, after the public hearing, the council finds that the public health, safety or general welfare requires removal of poles, overhead wires and associated overhead structures and underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service within a designated area, the council shall, by resolution declare the designated area an underground utility district and order the removal and underground installation. Immediately following its adoption, the city clerk shall cause a certified copy of the resolution to be recorded in the office of the county recorder. The resolution shall include a description and map of the area comprising the district. It shall also provide that the council shall by subsequent resolution fix the time within which:

A. Property in the district must be ready to receive underground service; and

B. Poles, overhead wires and associated overhead structures shall be removed.

A reasonable time shall be allowed for 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.

(Ord. 1414 § 8, 1974)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.08.130, it shall be unlawful for any person or utility company to erect, construct, place, keep, maintain, continue, own, employ or operate poles, overhead wires and associated overhead structures in the district on and after the date when overhead facilities are required to be removed by the resolution, except as otherwise provided in this article. Commencing upon the date when the overhead facilities are required to be removed, the continued existence, presence or maintenance of poles, overhead wires and associated overhead structures in the district shall be and the same is declared to be contrary to the health, safety and general welfare of the public and unlawful, and the same may be abated summarily or as otherwise provided by law.

(Ord. 1414 § 9, 1974)

Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period not to exceed thirty days, without authority of the council, in order to provide emergency service. The council may grant special permission, on such terms and for such durations as the council may deem appropriate, in cases of unusual circumstances, and where not detrimental to the public health, safety and general welfare and without discrimination as to any person or utility company, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures within the district.

(Ord. 1414 § 10, 1974)

A. Within fifteen days after the effective date of a resolution adopted pursuant to Section 13.08.130, the city clerk shall notify all affected utility companies and all affected persons of the provisions of the resolution. The city clerk specifically shall notify the affected persons that if they desire to continue to receive electric, communication, community antenna television or similar or associated service, they shall provide, at their own expense, all necessary facility changes on their premises so as to receive underground service from the lines relocated underground of the supplying utility company subject to applicable rules, regulations and tariffs of the respective utility company on file with the Commission and to all other applicable requirements of state laws and city ordinances.

B. Within fifteen days of adoption by the council of the resolution fixing the time within which conversions on private property and pole removal must be accomplished, the city clerk shall further notify all affected utilities and affected persons that the work required to change the facilities on the premises so as to receive electric, communication, or community antenna television or similar or associated service provided or to be provided by the utility company shall be accomplished on or before the applicable date set forth in the resolution. This notice shall also state the date all poles and related overhead structures are to be removed from within the district.

C. Notices given under this section may be given either by personal service or by mail and in accordance with the provisions of Section 13.08.120.

D. Within fifteen days of adoption of the resolution fixing the conversion and pole removal times of the district, the city manager shall cause copies of the notice, printed on a card not less than eight inches by ten inches in size and headed "Notice of Pole Removal" in letters of not less than one inch in height, to be posted conspicuously on every pole to be removed within the district.

(Ord. 1414 § 11, 1974)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.08.130, any utility company engaging in such underground construction shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under the applicable orders, rules, regulations and tariffs on file with the Commission.

(Ord. 1414 § 12, 1974)

The owner or owners of real property within a district shall be obligated to and shall be responsible for the commencement and completion of work as may be necessary to provide for the continuance of electric, communication, community antenna television or similar or associated service to the premises between the facilities referred to in Section 13.08.170 and the termination of service connection facilities on or within the building or structure being serviced, all in accordance with applicable orders, rules, regulations and tariffs of the respective utility companies on file with the Commission as of the effective date of the resolution creating the district, and in accordance with the applicable requirements of state laws and city ordinances.

(Ord. 1414 § 13, 1974)

A. In the event the owner or owners of real property within a district do not comply with the provisions of Section 13.08.180 within the time provided for in the resolution enacted pursuant to Section 13.08.130, the respective utility companies concerned shall advise the city manager in writing of the location of such property and thereupon the city manager shall cause to be posted on such property a written notice on the property being served.

B. The notice required by subsection A of this section shall include the statement that thirty days after posting of the notice all utility companies are authorized to discontinue electric, communication, community antenna television or similar or associated service from poles, overhead wires and associated overhead structures.

C. Thirty days after such posting, all utility companies are authorized to discontinue electric, communication, community antenna television or similar or associated service from poles, overhead wires, and associated overhead structures.

(Ord. 1414 § 14, 1974)

The city shall remove at its own expense all city-owned equipment from all poles, overhead wires and associated overhead structures required to be removed hereunder in ample time to enable the owner of the poles, overhead wires and associated overhead structures to remove them within the time specified in the resolution enacted pursuant to Section 13.08.130.

(Ord. 1414 § 15, 1974)

In the event that any act required by this article or by a resolution adopted pursuant to Section 13.08.130 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 circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. 1414 § 16, 1974)