Article III — UNDERGROUND INSTALLATIONS FOR NEW CONSTRUCTION

SEC. 21-25. PURPOSES.

The city council hereby finds and determines that the public interest requires, except as otherwise provided in this article, that all facilities for the supply and distribution of electric energy and service, television cable service, and telephone and telegraph service for all construction and land development and adjacent to all construction and land development shall be placed underground in order to promote and preserve the health, safety and general welfare of the public and to assure the orderly development of the city. In particular, the city council finds that the undergrounding of such facilities will promote and contribute to the safety of the public and persons frequenting the new construction and land development, and the appearance of the new construction and land development and the city.

(`64 Code, Sec. 32.5-30) (Ord. No. 1733, 2113, 2207)

SEC. 21-26. UNDERGROUNDING REQUIRED; EXCEPTIONS.

(A) In general - Except as provided herein, every developer who proposes construction or land development (other than construction or land development on land used exclusively for agricultural purposes both before and after the construction or land development) shall cause all facilities, both existing and installed as part of the construction or land development, both on and adjacent to the developer's construction or land development, to be placed underground according to the following requirements.

(1) Facilities shall be deemed adjacent if they are within a public entity or public utility right-of-way which abuts the developer's property (whether the public entity or

public utility owns an easement or other interest in land, or owns the land underlying the right-of-way), including a flood control or drainage channel or a street, or which is separated from the developer's property only by one or more such rights-of-way.

(2) Undergrounding shall be completed to the nearest suitable riser pole beyond the boundaries of the developer's property.

(B) Undergrounding not required -

(1) Appurtenances and associated equipment, such as surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts

in an underground system, need not be undergrounded.

(2) Facilities on or in a building need not be undergrounded.

(C) New facilities; service laterals - Notwithstanding any other provision of this article except subsections (B) and (G) of this section:

(1) All new facilities, including new service laterals, shall be placed underground.

(2) Existing service laterals to commercial and industrial structures shall be placed underground when changes in service are made which require meter relocation,

a change of voltage classification, or an increase in meter panel ampacity.

(D) Reimbursement - If adjacent facilities which the developer is required to underground are located on property which is not owned by the developer and which is beyond the developer's side of the center line of all rights-of-way, if any, which are between the developer's property and such other property, and at the time of undergrounding the owner of such other property refuses to pay the developer's cost of undergrounding performed on the owner's property and beyond the center line of all such rights-of-way:

(1) On completion of undergrounding, the city will offer to enter into an agreement with the developer whereby the city will reimburse the developer up to the

developer's cost of undergrounding such adjacent facilities from an amount collected by the city from the owner of such property for such purpose when the owner proposes construction or land development thereon.

(2) When the owner of such property proposes construction or land development thereon, if the owner's project qualifies as a “smaller project” under section21-

29(A), the owner may choose either option (1)(a) or option (1)(c) from subsection (A) of section 21-29, but may not choose option (1)(b). If the owner chooses option (1) (a), the owner shall, in addition to complying fully with the other provisions of section 21-26, pay to the city the cost of undergrounding performed by the developer on the owner's property and on the owner's side of the center line of all rights-of-way between the developer's property and the owner's property, which the city shall then pay to the developer on the terms and conditions of the agreement referred to in subsection (D)(1) of this section. If the owner chooses option (1)(c) from subsection (A) of section 21-29 and makes the in-lieu payment provided for therein, the city shall then pay to the developer on the terms and conditions provided for in such agreement the cost of undergrounding performed by the developer on the owner s property and on the owner's side of the center line of all rights-of-way between the developer's property and the owner's property, but not to exceed the amount of such in-lieu payment.

(3) When the owner of such property proposes construction or land development thereon, if the owner's project does not qualify as a “smaller project” under section

21-29(A), the owner must, in addition to complying fully with the other provisions of this article, pay to the city an amount equal to the developer's cost of undergrounding performed by the developer on the owner's land and on the owner's side of the center line of all rights-of-way between the developer's property and the owner's land, which amount the city will pay to the developer on the terms and conditions of the agreement referred to in subsection (D)(1) of this section.

(4) The provisions of this subsection apply whether the owner of such land who proposes construction or land development is the same person who owned the

property when the developer performed the undergrounding thereon, and whether all or part of such property is proposed for construction or land development.

(E) Deferral; security -

(1) The city engineer may defer undergrounding of facilities and accept security to guarantee later undergrounding if, on either of the following criteria, the engineer finds undergrounding to be infeasible at the time of construction or land development:

(a) The construction or land development is not within an underground utility district, but will be included in one within three years; or

(b) The location, topography, soil conditions, or geological factors make undergrounding technically or economically infeasible at the time of construction or land

development, but such factors are likely to change within five years to make undergrounding feasible.

(2) At the developer's expense, the developer shall obtain an estimate of the cost of undergrounding and submit the estimate to the city engineer. The developer

may have the estimate prepared by the affected utilities, by an engineer licensed in the state, or by the city engineer. The estimate shall include a separate item for contingencies in the amount of 15 percent of the estimated actual cost. Based on such estimate, the city engineer shall determine the estimated cost for the undergrounding, including an amount for inflation and other increases pending completion of the undergrounding. The developer shall post security for the undergrounding for the full amount of the estimated costs as determined by the city engineer. The security shall be of a type specified in Cal. Gov’t Code, Section 66499 and must be approved by the city attorney as to form and legal sufficiency before being accepted by the city engineer.

(F) Waiver - The city engineer may waive the requirement of undergrounding if the engineer finds that the location, topography, soil conditions, or geological factors make undergrounding technically or economically infeasible, and the developer makes to the city the in-lieu payment provided by section 21-29(D).

(G) Exceptions - The requirements of this article shall not apply to:

(1) Facilities approved by the city engineer to be installed and maintained for a period not to exceed 30 days in order to provide emergency services;

(2) Temporary facilities approved by the city engineer used, or to be used, in conjunction with construction projects;

(3) Facilities used for the transmission of electrical energy at voltages in excess of 33,000 volts; or

(4) The rewiring of existing utility services.

(`64 Code, Sec. 32.5-31) (Ord. No. 1733, 2113, 2135, 2207, 2493)

SEC. 21-27. MANNER OF INSTALLATION.

(A) Installation prior to street widening or paving - Except as provided herein, all facilities, including service laterals, shall be installed in the ground prior to street widening or the paving of new streets. The city engineer may authorize installation of facilities after street improvements are made if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. At the time of approval of the tentative map for a proposed subdivision, the planning commission may modify this requirement for all or part of a subdivision where, due to physical conditions, undue hardship would be caused.

(B) Minimize hazards - The developer shall place above-ground associated equipment and access points so as to safeguard the public against any hazard created by such equipment and access points and so as to enhance the appearance of the neighborhood.

(C) Placement of facilities - Facilities shall be placed within the street, alley or walkway dedication or in easements adjacent thereto obtained by the utility companies, as approved by the city engineer. The city engineer may allow deviations from this requirement if compliance is deemed impractical, or if any conflicting paramount law requires such deviations.

(D) Arrangements with utility companies - The developer shall make all necessary arrangements for underground installations and for relocation of existing facilities with the utility companies involved, subject to applicable utility company rules, regulations and tariffs on file with the commission. The developer shall provide the trenching, conduits and miscellaneous substructures necessary for the installation of cable television and electronic gear.

(`64 Code, Sec. 32.5-32) (Ord. No. 1733, 2113, 2207)

SEC. 21-28. PLANS REQUIRED.

(A) (1) The developer shall submit plans detailing the location of all underground utilities to be installed to the city engineer for approval.

(2) The city engineer shall inspect the installation of all underground utilities for conformance to city-approved plans.

(B) The developer shall pay the city for the cost of such inspection.

(`64 Code, Sec. 32.5-33) (Ord. No. 1733, 2113, 2207)

SEC. 21-29. MINIMUM COST PROJECTS; IN-LIEU PAYMENTS.

(A) Smaller projects - A “smaller project” is construction or land development subject to this article which is carried out in its entirety on less than ten acres and which involves construction of less than 134,000 square feet of floor area.

(1) Notwithstanding section 21-26(A), and except as otherwise provided in this subsection, developers of smaller projects may choose to:

(a) Comply fully with section 21-26(A);

(b) Unless section 21-26(D)(2) applies, comply with section 21-26(A) to the extent of providing undergrounding for a minimum cost project approved by the city

engineer as provided in subsection (B) of this section; or

(c) Make to the city the in-lieu payment provided in subsection (C) of this section.

(2) If poles must be relocated in order to provide street improvements or other public improvements, and the cost of undergrounding which removes the poles to be relocated exceeds the minimum cost provided for in subsection (B) of this section, the city engineer may, in his or her discretion, require that the undergrounding be accomplished pursuant to subdivision (b) above and agree to reimburse the developer in the amount that the cost of undergrounding exceeds the minimum cost for that project. In such case, the developer may not choose subdivision (c) above and may choose subdivision (a) above only if compliance with section 21-26 removes the poles to the same extent as the city engineer would require under subdivision (b) above, or to a greater extent.

(B) Minimum cost projects -

(1) The developer of a smaller project may perform less undergrounding than is required by section21-26(A) if the cost of the undergrounding performed is at least

equal to a certain amount per square foot of floor area to be constructed. The city engineer will determine such cost on the basis of construction plans submitted when the developer applies for a building permit.

(2) The developer's determination of the undergrounding to be performed as a minimum cost project must be approved by the city engineer before a building permit

may be issued or work begun on the project or on the undergrounding.

(3) The amount to be paid per square foot is $1.3202 for smaller projects in the Oxnard Shores Zone and $0.1726 for smaller projects elsewhere.

(4) The Oxnard Shores Zone is bounded by Harbor Boulevard on the east, Amalfi Way on the south, the shoreline on the west, and Fifth Street on the north. A map

of the Oxnard Shores Zone is on file with the city clerk.

(C) In-lieu payments for smaller projects -

(1) In lieu of undergrounding and subject to the following provisions, the developer of a smaller project may pay to the city an amount equal to the minimum cost for

the project provided in subsection (B) of this section.

(2) The developer of a smaller project may have an independent impact analysis performed to determine the impact of the project on the need to underground

facilities within the city.

(3) The city engineer may require the developer of a smaller project to submit such an independent impact analysis if the nature, size, location or density of use of the project indicates that the demand for undergrounding facilities within the city would be substantially higher than that assumed for purposes of establishing the in-lieu payment.

(4) Such an independent impact analysis shall be prepared in accordance with city procedures, standards and guidelines.

(5) All costs related to the independent impact analysis shall be paid by the developer.

(6) Prior to submittal of any independent impact analysis, the developer shall meet with the city engineer to review the scope, standards, procedures and

preliminary findings of the independent impact analysis.

(7) When the independent impact analysis shows that the impact of the specific development proposal varies substantially from the level of impact used in the in- lieu payment calculations, the payment amount shall be calculated using the methodology established in the staff report concerning this ordinance, dated July 11, 1989.

(8) All payments calculated pursuant to subsection (C)(7) shall be established by the city council.

(D) In-lieu payments when undergrounding waived - When undergrounding is waived by the city engineer as infeasible, as provided by subsection (F) of section21- 26, the developer of the construction or land development, whether or not it qualifies as a “smaller project” under subsection (A) of this section, shall pay to the city an amount equal to the minimum cost for the construction or land development provided in subsection (B) of this section.

(E) Undergrounding fund -

(1) The city shall reserve the in-lieu payments for undergrounding along major arterial streets within different parts of the city, except that $1.1476 per square foot of

in-lieu payments from the Oxnard Shores Zone will be reserved for undergrounding utilities in the Oxnard Shores Zone.

(2) The finance director is directed to establish an undergrounding fund, and the city will spend or commit in-lieu payments in such fund on or to such

undergrounding within five years of receipt of in-lieu payments.

(`64 Code, Sec. 32.5-34) (Ord. No. 1733, 2113, 2207)

SEC. 21-30. COMPLIANCE A PREREQUISITE TO ISSUANCE OF BUILDING PERMIT.

City staff shall not issue a building permit for any construction or land development unless the applicant's plans comply with the provisions of this article or the applicant has made the in-lieu payment provided by this article. The developer of a residential project may defer making the in-lieu payment until the date of final inspection or the date the certificate of occupancy is issued, whichever occurs first, subject to the provisions of Cal. Gov’t Code, Section 66007.

(`64 Code, Sec. 32.5-35) (Ord. No. 1733, 2113, 2207)

SEC. 21-31. PENALTY.

Any person violating any provision of this article or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this article is committed, continued or permitted by such person.

(`64 Code, Sec. 32.5-36) (Ord. No. 1733, 2113, 2207)

CHAPTER 22: WATER

ARTICLE I. GENERAL PROVISIONS

22-1. Definitions

22-2. Supplying water within city

22-3. Areas served by water division

22-4. Tampering with water system

22-5. Authority of city manager

22-6. Appeals

22-7. Right of ingress and egress

22-8. Penalty for violation of chapter