Article 4 — VARIANCES

Sec. C12-708. - Authority.

The Planning Commission shall hear and decide applications for variances from the terms of this chapter when all of the following circumstances are found to apply:

(a)

There are special conditions or exceptional characteristics in the nature of the property affected by the application, including size, shape, topography, location or surroundings, such that a literal enforcement of this chapter in the particular case would result in practical difficulties or unnecessary hardships;

(b)

The variance is necessary for the preservation and enjoyment of substantial property rights and will not constitute a grant of special privilege inconsistent with the limitations imposed by this chapter on other properties in the vicinity of the affected property; and

(c)

The granting of the variance will not be contrary to the intent of this chapter or to the purposes and objectives of the General Plan of the County.

(Code 1954, § 12.2.4-1; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23. 1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-709. - Application for variance.

Any person desiring to obtain a variance from the terms of this chapter shall apply to the Planning Commission by filing an application with the Central Permit Office. The application shall be accompanied by a filing fee in an amount prescribed by resolution of the Board of Supervisors. The application shall state the nature of the variance requested, and be accompanied by a legal description of the affected property and by such exhibits as may be required by the Commission in support of the application.

(Code 1954, § 12.2.4-2; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1204.3, § 1, 11-7-66; Ord. No. NS1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, §§ 8, 10, 3-13-78; Ord. No. NS-1203.42, § 14, 1-8-79)

Sec. C12-710. - Notice of hearing.

The secretary of the Planning Commission shall set the time and place where public hearing on the application for variance shall be held and shall cause public notice of such hearing to be mailed to the owners of all property within 300 feet of the property affected by the application at their last known addresses as the same are shown on the most recent records of the County Assessor. The notice shall be mailed at least five days before the date of the public hearing. A similar notice shall be mailed to the applicant and the Director of Public Works. The secretary may give notice to interested cities.

(Code 1954, § 12.2.4-3; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-711. - Action by Planning Commission.

The Planning Commission shall hear the matter and render a decision to grant or deny the requested variance. No decision of the Commission on an application for a variance shall become final until the time in which an appeal may be filed with the Board of Supervisors has elapsed without an appeal having been filed.

(Code 1954, § 12.2.4-4; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-712. - Conditions.

The grant of any variance may include such conditions as the Planning Commission deems reasonable to carry out any of the provisions of this chapter. Such conditions, without limiting the authority of the Commission in this regard, may include a time limitation.

(Code 1954, § 12.2.4-5; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-713. - Revocation or modification of variance.

The Planning Commission on its own motion may, and if instructed by the Board of Supervisors shall, without the filing of any petition, hold a hearing for modifying or revoking a variance which has been granted by the Board of Supervisors or the Commission, pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter. Not less than ten days prior to the date of hearing for

modification or revocation, the secretary shall serve upon the owner of the premises involved, a written notice of the time and place of such hearing by certified mail, postage prepaid. The secretary shall also give notice of such hearing to the Director of Public Works.

(Code 1954, § 12.2.4-6; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-714. - Action on revocation or modification of variance.

After a public hearing, the Commission may revoke or modify a variance on any one or more of the following grounds:

(a)

That the use for which the variance was granted is being, or recently has been, exercised contrary to the terms or conditions of the variance.

(b)

That the use for which the variance was granted is not being exercised.

(c)

That the use for which the variance was granted has ceased or has been suspended for one year or more.

(Code 1954, § 12.2.4-7; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, § 10, 3-13-78)

Sec. C12-715. - Appeal from decision of Planning Commission.

The following procedure shall apply in cases of appeal from the decision of the Planning Commission:

(a)

Within 15 days after the decision of the Planning Commission on an application for a variance from the terms of this chapter, or on a revocation or modification of a variance previously granted pursuant to either the provisions of this chapter or of any ordinance superseded by this chapter, any person dissatisfied with the action of the Commission may appeal to the Board of Supervisors by filing such appeal with the Central Permit Office. The appellant shall pay a filing fee in an amount prescribed by resolution of the Board of Supervisors.

(b)

The appeal shall be heard by the Board of Supervisors within 30 days after the filing of the appeal, provided that the Board of Supervisors may continue from time to time any hearing held by it.

(c)

The Clerk of the Board of Supervisors shall set the time and place for the appeal to be heard by the Board of Supervisors. The Clerk shall cause notice of such hearing to be mailed at least five days before the date of the hearing to the same property owners and agencies who received the mailed notice of the hearing before the Planning Commission. A similar notice shall be mailed to the applicant for the variance and the appellant. On an appeal from a revocation or modification of a variance, notice shall be given only to the appellant.

(d)

The secretary of the Planning Commission shall transmit to the Board of Supervisors all maps, records, papers and files which constitute the record in the action from which the appeal was taken.

(e)

The Board of Supervisors shall hear and decide the matter de novo as if no other hearing had been held. The decision of the Board of Supervisors on an appeal shall be final.

(Code 1954, § 12.2.4-8; Ord. No. NS-1204, § 1, 4-18-60; Ord. No. NS-1204.2, § 1, 11-9-65; Ord. No. NS1204.3, § 2, 11-7-66; Ord. No. NS-1203.23, § 2, 3-18-69; Ord. No. NS-1203.23.1, § 3, 5-21-69; Ord. No. NS-1203.35, §§ 9, 10, 3-13-78; Ord. No. NS-1203.42, § 15, 1-8-79)

Secs. C12-716—C12-749. - Reserved. CHAPTER VI. - UNDERGROUND UTILITY DISTRICTS[[7]]

Footnotes:

--- ( 7 ) ---

Note— See editor's footnote to division title.

Cross reference— Franchises, Div. B10; underground utilities in subdivisions, § C12-325.

Sec. C12-750. - "Board" defined.

As used in this chapter, "Board" means the Board of Supervisors of the County.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78) Sec. C12-751. - "Commission" defined.

As used in this chapter, "Commission" means the Public Utilities Commission of the State of California.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78) Sec. C12-752. - "Person" defined.

As used in this chapter, "person" means individual, partnership, association, firm, or corporation, public or private, the State of California and its agencies or political subdivisions, and the United States of America, its agencies and instrumentalities, public utility, organization or business trust and any agent, servant, officer or employee of the foregoing.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-753. - "Poles and overhead wires and associated overhead structures" defined.

As used in this chapter, "poles and overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located aboveground upon, along, across or over the streets, alleys and ways of the County and used or useful in supplying electric, communication or similar or associated service.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-754. - "Premises" defined.

As used in this chapter, "premises" means a parcel of real property, including buildings and/or other structures thereon, within an underground utility district or proposed district.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-755. - "Property owner" defined.

As used in this chapter, "property owner" means an owner of a parcel of real property, including buildings or other structures thereon, within an underground utility district or proposed district, as shown on the last equalized assessment roll of the County, or as otherwise known to the County Clerk.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-756. - "Underground utility district" or "district" defined.

As used in this chapter, "underground utility district" or "district" means an area in the County within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant hereto.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-757. - "Utility" or "utilities" defined.

As used in this chapter, "utility" or "utilities" means electric, communication or similar or associated services supplied by means of electrical materials or devices and all persons supplying the same in an underground utility district or proposed district.

(Code 1954, § 7.1.3-1; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-758. - Authority to establish.

The Board may establish underground utility districts in designated areas of the County as provided herein.

(Code 1954, § 7.1.3-2; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-759. - Resolution of intention required; contents; notice.

The Board shall adopt a resolution of intention to establish the underground utility district. The resolution of intention shall contain a general description of the boundaries of the proposed district, sufficient to identify it, the time and place of the hearing to consider the establishment of the proposed district, the proposed date of the establishment of the district, and the proposed date within which poles and overhead wires and associated overhead structures must be removed therefrom and within which property owners therein must be ready to receive underground service. The Clerk of the Board shall notify all property owners and all utilities of the time and place of the hearing by mailing a copy of the resolution of intention to each property owner and utility at least 20 days prior to the date thereof.

(Code 1954, § 7.1.3-3; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-760. - Conduct of hearing; determination declared final.

Whenever a hearing is held pursuant to this chapter, the hearing shall be open to the public and may be continued from time to time. All persons interested shall be given an opportunity to be heard. The Board shall hear all protests and receive evidence for and against the establishment of the proposed district. Any determination of the Board shall be final.

(Code 1954, § 7.1.3-4; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-761. - Changes in boundaries of proposed district.

The Board may at any time prior to the establishment of the proposed district, and without further notice, order the exclusion therefrom of any area. Additional areas may be added thereto on notice to the property owners in the areas and to the utilities and after hearing thereon. The notice shall be given by mail at least 20 days prior to the date of the hearing.

(Code 1954, § 7.1.3-5; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-762. - Ordinance establishing district.

If, after the public hearing, the Board finds that the public necessity, health or safety requires such action, the Board shall, by ordinance, declare the area an underground utility district. The ordinance shall contain a general description of the area comprising the district sufficient to identify it and shall fix the time within

which poles and overhead wires and associated overhead structures shall be removed and within which property owners must be ready to receive underground service. The Board shall allow a reasonable time for removal, having due regard for the availability of necessary labor, materials and equipment therefor and for the installation of such underground facilities as may be occasioned thereby.

(Code 1954, § 7.1.3-6; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-763. - Overhead structures prohibited in district.

Whenever the Board establishes an underground utility district, no person or utility shall erect, construct, place, use, maintain, keep, continue, employ or operate any pole, overhead wire or associated overhead structure on any public street, alley or way within the district after the date fixed for the removal thereof, except as the same are necessary for supplying utility services to premises prior to the construction thereon pursuant hereto of the facilities required to receive underground service and for a reasonable time thereafter to remove the same on completion of such construction.

(Code 1954, § 7.1.3-7; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-764. - Notice of establishment.

Within 30 days after the establishment of an underground utility district, the Clerk of the Board shall notify all property owners and all utilities of the action, and that if the property owners or their tenants or occupants desire to continue to receive electric, communication or other similar or associated service, they shall provide all necessary facility changes on the premises so as to receive such service from the lines of the utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utilities on file with the Commission. Notification shall be made by mailing a copy of the ordinance establishing the district, together with a copy of this chapter or the ordinance from which it is derived to the utilities and property owners.

(Code 1954, § 7.1.3-8; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-765. - Responsibility of utility.

If underground construction is necessary to provide utility services within an underground utility district, the utilities shall furnish that portion of the conduits, conductors and associated equipment required to be furnished under applicable rules, regulations and tariffs on file with the Commission. Underground construction by utilities shall be accomplished in accordance with the rules and regulations authorized by the Commission, and shall be completed within the time fixed for removal of poles and overhead wires and associated overhead structures.

(Code 1954, § 7.1.3-9; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-1203.35, § 11, 3-13-78)

Sec. C12-766. - Responsibility of owner, tenant or occupant.

All facilities on the premises necessary to receive utility services from the utilities shall be constructed and provided by the person owning, operating, leasing, renting or occupying the property, as required by applicable rules, regulations and tariffs of the utilities on file with the Commission. Such construction shall be accomplished within the time fixed for property owners to be ready to receive underground service. In

the event such construction is not completed within such time by the owner, tenant or occupant, all poles, overhead wires and associated overhead structures supplying utility services to such premises shall be disconnected and removed.

(Code 1954, § 7.1.3-10; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-705.6, § 1, 1-20-70; Ord. No. NS1203.35, § 11, 3-13-78)

Sec. C12-767. - Exceptions.

This chapter and any ordinance adopted pursuant to Section C12-474 shall not apply to the following types of facilities:

(a)

Poles used exclusively for police and fire alarm boxes or any similar publicly owned equipment installed under the supervision of or to the satisfaction of the County;

(b)

Poles and overhead wires and associated overhead structures used exclusively for street lighting;

(c)

Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or 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;

(d)

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 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 crossing any public street;

(f)

Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

(g)

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

(h)

Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Code 1954, § 7.1.3-11; Ord. No. NS-705, § 1, 5-29-67; Ord. No. NS-705.6, § 2, 1-20-70)

Sec. C12-768. - Exception by special permission.

The Board may grant special permission, on such terms as the Board may deem appropriate, in cases of emergency or unusual circumstances, without discrimination, to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter.

(Code 1954, § 7.1.3-12; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-769. - Extensions of time.

In the event that any act hereby required of any parties referred to in this chapter cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, or by any circumstances beyond the control of the parties or by unusual hardships, then the time within which such acts shall be accomplished may be extended by the Director of Public Works of the County for a period not exceeding one year.

(Code 1954, § 7.1.3-13; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-770. - Notices.

Mailed notices required by this chapter shall be deposited in the United States mail in a sealed envelope, postage prepaid, and shall be deemed to have been received upon deposit. Failure to give or receive any notice required hereunder shall not affect the validity of any action taken pursuant to this chapter.

(Code 1954, § 7.1.3-14; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-771. - Violations.

Any person or utility who shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhead line or associated overhead structure on any public street, alley or way within an underground utility district or shall neglect to take down and remove any such pole, overhead wire or associated overhead structures within the time fixed therefor, or who shall otherwise fail to comply with the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine not to exceed $500.00. Each consecutive 15-day period during which the failure to comply continues shall constitute a separate offense. Such violation is likewise hereby declared to be a nuisance and may be abated in the manner provided for the abatement of nuisances.

(Code 1954, § 7.1.3-15; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-772. - Severability.

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not

affect the validity of the remaining portions of this chapter. The Board hereby declares that it would have enacted this chapter into law and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional.

(Code 1954, § 7.1.3-16; Ord. No. NS-705, § 1, 5-29-67)

Sec. C12-773. - Establishment of underground utility districts.

This Board hereby finds and determines that the public necessity, health and safety require that the following described areas of the County of Santa Clara be declared to be and the same are declared to be and are established as underground utility districts and persons maintaining poles and overhead lines and associated overhead structures in such districts shall remove the same and be ready to receive underground service within the period of time as indicated.

(Code 1954, § 7.1.3-17; Ord. No. NS-705.1, § 1, 10-10-67; Ord. No. NS-705.2, § 1, 2-13-68; Ord. No. NS705.3, § 1, 3-12-68; Ord. No. NS-705.4, § 1, 4-9-69; Ord. No. NS-705.5, § 1, 8-13-69; Ord. No. NS-705.7, § 1, 9-16-70; Ord. No. NS-705.8, § 1, 1-19-72; Ord. No. NS-705.9, § 1, 1-9-73)

Sec. C12-773.1. - District No. 1.

District No. 1 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on El Camino Real between Barron Avenue and Maybell Avenue, all as described in Resolution No. 1, a resolution of intention to establish Underground Utility District No. 1, adopted by this Board on February 13, 1968, and as more particularly delineated on that certain map entitled, "Underground Utility District No. 1," on file in the office of the Clerk of said Board.

Removal of communication and similar or associated service structures and of electrical and similar or associated service structures by May 15, 1968.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.2. - District No. 2.

District No. 2 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Park Avenue between Sunol Street and Montgomery Street, a more particular description of which is on file in the office of the Clerk of this Board.

Removal of communication and similar or associated service structures and of electrical and similar or associated service structures by September 15, 1970.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.3. - District No. 3.

District No. 3 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Bascom Avenue between Campbell Avenue and 400 feet southerly from Apricot Avenue, a more particular description which is on file in the office of the Clerk of this Board.

All property owners ready to receive underground service by November 30, 1969; removal of communication and similar or associated service structures and of electrical and similar or associated service structures by January 31, 1970.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.4. - District No. 4.

District No. 4 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Bascom Avenue between West San Carlos Street and Hamilton Avenue and between 400 feet southerly from Apricot Avenue to Union Avenue, a more particular description of which is on file in the office of the Clerk of this Board.

All property owners ready to receive underground service by June 1, 1970; removal of communication and similar or associated service structures and of electrical and similar or associated service structures by July 1, 1970.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.5. - District No. 5.

District No. 5 is hereby described as all lands within the unincorporated area of the County of Santa Clara fronting on Bascom Avenue between Union Avenue and National Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of this Board.

All property owners in the district between Union Avenue and Camden Avenue shall be ready to receive underground service by July 19, 1971.

All property owners in the district between Camden Avenue and National Avenue shall be ready to receive underground service by November l, 1971.

By August 16, 1971, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the proposed district between Union Avenue and Camden Avenue shall be removed, after which date no person or utility shall use or maintain such facilities within the district; and that by January 15, 1972, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district between Camden Avenue and National Avenue shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed district.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.6. - District No. 6.

District No. 6 is hereby described as all lands within the unincorporated territory of the County of Santa Clara fronting on El Camino Real between the Sunnyvale-Saratoga Road and the easterly limits of the City of Sunnyvale and between the Sunnyvale-Saratoga Road and the intersection of El Camino Real and State Route 85, all as more particularly described in that certain resolution of intention to establish an underground utility district adopted by the Board of Supervisors on December 14, 1971, and which is on file in the office of the Clerk of this Board.

All poles and overhead lines and similar associated structures used or useful in supplying electric, communication and similar or associated services in said proposed district shall be removed and underground installations made within the following times:

(a)

Underground installation by utility companies and property owners and reconnections not later than August 7, 1972, and removal of poles, overhead wires and other associated overhead structures not later than September 1, 1972, on El Camino Real between Engineer's Station 508 (center line of Sunnyvale-Saratoga Road) and Engineer's Station 664 (easterly city limits);

(b)

Underground installation by utility companies and property owners and reconnections not later than November 7, 1972, and removal of poles, overhead wires and other associated overhead structures not later than December 1, 1972, on El Camino Real between Engineer's Station 508 (center line of SunnyvaleSaratoga Road and Engineer's Station 468 (1,000 feet easterly of center line of Mary Avenue);

(c)

Underground installation by utility companies and property owners and reconnections not later than February 7, 1973, and removal of poles, overhead wires and other associated overhead structures not later than March 1, 1973, on El Camino Real from Engineer's Station 468 (1,000 feet easterly of center line of Mary Avenue) to Engineer's Station 400 (the intersection of center line of El Camino Real with center line of State Route 85).

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.7. - District No. 7.

District No. 7 is hereby described as all that real property situate in the City of Sunnyvale, County of Santa Clara, State of California, described as follows: All the road right-of-way of Lawrence Expressway between the monument line of Sandia Avenue as it crosses Lawrence Expressway northerly to a line, perpendicular to the monument line of Lawrence Expressway 400 feet north of the centerline of Tasman Drive, as shown on the following tract maps and record of survey filed in the office of the Recorder of the County of Santa Clara at the below listed books and pages:

By May 15, 1973, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.9, § 2, 1-9-73)

Sec. C12-773.8. - District No. 8.

District No. 8 is hereby described as all heads within the unincorporated area of the County of Santa Clara fronting on Capitol Avenue between Alum Rock Avenue and McKee Road. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By February 1, 1975, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.10, § 1, 10-31-73)

Sec. C12-773.9. - District No. 9.

District No. 9 is hereby described as all that real property situate in the City of San Jose, County of Santa Clara, State of California, described as follows: All the road right-of-way of Almaden Expressway between 600 feet south of Blossom Hill Road and 400 feet north of Blossom Hill Road. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 1, 1976, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705-11, 3-18-75)

Sec. C12-773.10. - District No. 10.

District No. 10 is hereby described as all that real property situate in the City of Milpitas, County of Santa Clara, State of California, described as follows: All the road right-of-way of Montague Expressway between Capitol Avenue and 1,100 feet south of Capitol Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 1, 1976, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.12, § 1, 4-30-75)

Sec. C12-773.11. - District No. 11.

District No. 11 is hereby described as all that real property situate in the City of San Jose, County of Santa Clara, State of California, described as follows: All the lands within the unincorporated area of the County of Santa Clara, fronting on McLaughlin Avenue between Route 280 and Story Road and fronting on Story

Road between McLaughlin Avenue and 2,400 feet south of McLaughlin Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 1, 1976, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

(Ord. No. NS-705.13, 6-18-75)

Sec. C12-773.12. - District No. 12.

District No. 12 is hereby described as all that real property situate in the City of Sunnyvale, County of Santa Clara, State of California, described as follows: All the road right-of-way of Lawrence Expressway between Arques Avenue and Bayshore Freeway. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By January 31, 1978, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities on Lawrence Expressway between Arques Avenue and Bayshore Freeway will eliminate an unusually heavy concentration of overhead distribution facilities on a segment of the most heavily traveled expressway in the County.

(Ord. No. NS-705, 3-7-77; Ord. No. NS-705.15, § 1, 10-17-77)

Sec. C12-773.13. - District No. 13.

District No. 13 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way adjacent to the South County Airport and including the South County Airport. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 6, 1978, all affected property owners must be ready to receive underground service.

By January 31, 1979, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed, and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities within and adjacent to the South County Airport will eliminate a heavy concentration of overhead utilities in a civic area.

(Ord. No. NS-705.16, 5-1-78)

Sec. C12-773.14. - District No. 14.

District No. 14 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Capitol Expressway and

Silver Creek Road. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By June 1, 1980, all affected property owners must be ready to receive underground service.

By July 1, 1980, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed, and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Capitol Expressway and Silver Creek Road will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.17, 6-18-79)

Editor's note— Ord. No. NS-705.17, adopted June 18, 1979, specifically amended the Code by adding § C12-773.13. Due to the prior existence of a § C12-773.13, and at the discretion of the editor, said provisions have been redesignated § C12-773.14.

Sec. C12-773.15. - District No. 15.

District No. 15 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Almaden Expressway and Foxworthy Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of the Board.

By June 1, 1981, all affected property owners must be ready to receive underground service.

By July 1, 1981, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Almaden Expressway and Foxworthy Avenue will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.18, 3-10-80)

Sec. C12-773.16. - District No. 16.

District No. 16 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Capitol Expressway and Cunningham Avenue. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 1, 1981, all affected property owners must be ready to receive underground service.

By December 1, 1981, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Capitol Expressway and Cunningham Avenue will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.19, 11-17-80)

Sec. C12-773.17. - District No. 17.

District No. 17 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way on Almaden Expressway between Camden Avenue and Trinidad Drive. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 1, 1981, all affected property owners must be ready to receive underground service.

By December 1, 1981, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities along Almaden Expressway between Camden Avenue and Trinidad Drive will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.20, 11-17-80)

Sec. C12-773.18. - District No. 18.

District No. 18 is hereby described as all that real property situate in the County of Santa Clara, State of California, described as follows: All the road right-of-way at the intersection of Montague Expressway, and Main Street. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By November 1, 1984, all affected property owners must be ready to receive underground service.

By December 1, 1984, all poles and overhead lines and associated-structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities at the intersection of Montague Expressway and Main Street will eliminate a heavy concentration of overhead utilities along a highly traveled expressway area.

(Ord. No. NS-705.22, § 1, 6-5-84)

Sec. C12-773.19. - District No. 19.

District No. 19 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: San Carlos Street from Dupont Street to Interstate 880. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By December 31, 1990, all affected property owners must be ready to receive underground service.

By March 1, 1991, all poles and overhead lines and associated structures used or useful in supplying electric, communication and similar or associated services in the district shall be removed and after which date no person or utility shall use or maintain such facilities within the district.

Undergrounding of the utilities on San Carlos Street from Dupont Street to Interstate 880 will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.23, 1-16-90)

Sec. C12-773.20. - District No. 20.

District No. 20 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: All of the road right of way on Capitol Avenue from Olivestone Way to Capitol Expressway and a portion of Westboro Drive. A more particular description of the area comprising the district is on file in the office of the Clerk of said Board.

By June 1, 2001, all affected property owners must be ready to receive underground service.

By September 1, 2001, all poles and overhead lines and associated structures used or useful in supplying electric, communications and similar or associated services in the proposed district shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed district, with the exception of overhead facilities necessary for the power supply and distribution for the Santa Clara Valley Transportation Authority's light rail system.

Undergrounding of utilities within the unincorporated areas along Capitol Avenue from Olivestone Way to Capitol Expressway and a portion of Westboro Drive will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.24, § 1, 12-12-00)

Sec. C12-773.21. - District No. 21.

District No. 21 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: All of the road right of way on the South side of Camden Avenue from Bascom Avenue to Leigh Avenue. A more particular description of the area comprising the District is on file in the office of the Clerk of said Board.

By March 30, 2004 all affected property owners must be ready to receive underground service.

By April 30, 2004 all poles and overhead lines and associated structures used or useful in supplying electric, communications and similar or associated services in the proposed District shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed District.

Undergrounding of utilities within the unincorporated areas along Camden Avenue between Bascom Avenue to Leigh Avenue will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.25, 2-24-04)

Sec. C12-773.22. - District No. 22.

District No. 22 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: All of the road right of way on Almaden Expressway from Coleman Avenue to Mesa Drive. A more particular description of the area comprising the District is on file in the office of the Clerk of said Board.

By December 1, 2008 all affected property owners must be ready to receive underground service.

By December 30, 2008 all poles and overhead lines and associated structures used or useful in supplying electric, communications and similar or associated services in the proposed District shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed District.

Undergrounding of utilities within the unincorporated areas along Almaden Expressway from Coleman Avenue to Mesa Drive will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.26, § 1, 11-13-07)

Sec. C12-773.23. - District No. 23.

District No. 23 is hereby described as all that real property situated in the County of Santa Clara, State of California, described as follows: All of the road right-of-way on Montague Expressway Gladding Court to Watson Court. A more particular description of the area comprising the District is on file in the office of the Clerk of said Board.

By April 2019, all affected property owners must be ready to receive underground service.

By April 2019, all poles and overhead lines and associated structures used or useful in supplying electric, communications and similar or associated services in the proposed District shall be removed, after which date no person or utility shall use or maintain such facilities within the proposed District.

Undergounding of utilities within the unincorporated areas along Montague Expressway from Gladding Court to Watson Court will eliminate a heavy concentration of overhead utilities along a highly traveled street.

(Ord. No. NS-705.27, § 1, 12-6-16)

Sec. C12-774. - General public interest.

This Board further finds and determines that such undergrounding is in the general public interest for all of the following reasons;

(1)

The above described portions of property are extensively used by the general public and carry a heavy volume of vehicular and pedestrian traffic.

(2)

Such portions adjoin and pass through a civic area.

(3)

Such undergrounding will eliminate a heavy concentration of overhead distribution facilities.

(Ord. No. NS-705.8, §2, 1-19-72)

Secs. C12-775—C12-799. - Reserved. CHAPTER VII. - FLOODPLAIN MANAGEMENT[[8]]

Footnotes:

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Editor's note— Ord. No. NS-1100.106, § 1, adopted April 21, 2009, repealed former Ch. VII, in its entirety, and enacted provisions designated as a new Ch. VII to read as herein set out. Prior to inclusion of said ordinance, Ch. VII pertained to special flood hazard areas. See also the Code Comparative Table for a detailed analysis of inclusion.

Cross reference— Fire protection, Div. B7; swimming pools, Div. B18; electrical regulations, Div. C4; mechanical regulations, Div. C9; moving buildings, Div. C10; plumbing and gas, Div. C11; subdivisions and land development, Div. C12; soils report for subdivisions, § C12-163 et seq.; soils report for single building sites, § C12-330 et seq.; grading regulations, § C12-400 et seq.