Chapter 15.08 — UNDERGROUND UTILITY DISTRICTS

For the purpose of this chapter, the following terms, words, phrases and their derivations shall have the meaning given herein:

"Arques avenue-wolfe road underground district" or "district" means that area in the city more particularly described as follows:

All that real property situate in the city of Sunnyvale, county of Santa Clara, state of California, more particularly described as follows: BEGINNING at the intersection of the centerline of Wolfe Road (formerly Corey Lane 40 feet wide) with the centerline of Arques Avenue (90 feet wide), said point of beginning being the northeasterly corner of Parcel 22 as said parcel is described in the Final Judgment of Condemnation as to Parcels 20, 21, 22 and 23, recorded in Book 5383, Official Records, at pages 143 through 146, in the office of the recorder of said county; Thence S. 88 degrees 37 minutes 02 seconds E., along said centerline of Arques Avenue, 131.76 feet; Thence S. 1 degree 22 minutes 58 seconds W. 45.00 feet to the southerly line of said Arques Avenue; Thence westerly along a curve to the left tangent to said southerly line, having a radius of 289.00 feet, a central angle of 1 degree 59 minutes 32 seconds and an arc length of 10.05 feet to a point of compound curvature; Thence southwesterly along said curve to the left, having a radius of 50.00 feet, a central angle of 80 degrees 08 minutes 42 seconds, and an arc length of 69.94 feet to a point of reverse curvature; Thence southwesterly along said curve to the right, having a radius of 558.00 feet, a central angle of 15 degrees 31 minutes 23 seconds, and an arc length of 151.18 feet; Thence S. 24 degrees 46 minutes 07 seconds W., 106.59 feet to the beginning of a tangent curve to the left; Thence southwesterly along last said curve having a radius of 1,642.00 feet, a central angle of 8 degrees 32 minutes 22 seconds, and an arc length of 244.73 feet, and being tangent to a line parallel with and distant 58.00 feet easterly measured at right angles from said centerline of Wolfe Road; Thence S. 16 degrees 13 minutes 45 seconds W., along said parallel line 170.02 feet; Thence N. 73 degrees 46 minutes 15 seconds W., 103.00 feet to a line running parallel with and distant 45.00 feet southwesterly, measured at right angles from said centerline of Wolfe Road; Thence S. 26 degrees 32 minutes 00 seconds W., 65.59 feet to the beginning of a tangent curve to the right; Thence southwesterly, westerly and northwesterly along the arc of said tangent curve, having a radius of 50.00 feet and a central angle of 83 degrees 39 minutes 20 seconds, a distance of

districts—Findings.

The council of the city of Sunnyvale finds and determines that the public necessity, health, safety and welfare require the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in the Mathilda Avenue and Sunnyvale-Iowa Avenue underground districts, and more particularly for the following reasons:

(a) The undergrounding to be accomplished pursuant to this chapter will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;

(b) The streets, road or rights-of-way in the Mathilda Avenue and Sunnyvale-Iowa Avenue underground districts are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; and

(c) The portion of Mathilda Avenue included within the Mathilda Avenue underground district adjoins the Sunnyvale Civic Center. (Prior code §§ 7-8.02, 7-9.02; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

districts—Removal of overhead structures—Underground installations.

All poles, overhead wires and associated overhead structures shall be removed and underground installations made in the Mathilda Avenue and Sunnyvale-Iowa Avenue underground districts within the following times:

(a) Underground installation by utility companies and property owners and reconnections not later than December 15, 1968 for the Mathilda Avenue underground district and not later than May 1, 1968 for the Sunnyvale-Iowa Avenue underground district;

(b) Removal of poles, overhead wires and other associated overhead structures not later than January 15, 1969 for the Mathilda Avenue underground district and not later than May 15, 1968 for the Sunnyvale-Iowa Avenue underground district. (Prior code §§ 7-8.03, 7-9.03; Ord. 1434, 1968; Ord. 1459 § 1, 1968)

It is unlawful for any person or utility to erect, construct, own, maintain, place, keep, use, continue, employ or operate any poles, overhead wires and associated overhead structures for any utility purpose in the underground districts designated in this chapter after the date when the overhead facilities are required to be removed except as the 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 15.08.110, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter. (Prior code §§ 7-5.02, 7-6.02, 7-7.02, 7-8.04, 7-9.04; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

districts—Overhead wires prohibited on owner's premises.

It is unlawful for any person owning real property in the Arques Avenue-Wolfe Road, Kifer Road and Moffett Park underground districts to suspend or to permit any person to suspend from the owner's premises any poles, overhead wires or associated overhead structures for any utility purpose or for service connection to any utility, except as otherwise provided in this chapter. (Prior code §§ 7-5.03, 7-6.03, 7-7.03; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967)

Any person or utility who erects, constructs, places or keeps, maintains, continues, uses, employs, or operates any poles, overhead wires and associated overhead structures within the districts for any utility purpose or for service connection to any utility, after the date when the overhead facilities are required to be removed, except as otherwise provided in this chapter, or who otherwise fails to comply with any of the provisions or requirements of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punishable as set forth in Chapter 1.04 of this code. Each consecutive fifteen day period during which the failure to comply with any of the provisions or requirements hereof shall continue or be permitted to continue by any person shall constitute a separate offense, notwithstanding the provisions of any other provision of the Sunnyvale Municipal Code. (Prior code §§ 7-5.04, 7-6.04, 7-7.04, 7-8.05, 7-9.05; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965;

Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968; Ord. 2422-92 § 15)

The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures for any utility purpose or for service connection to any utility, notwithstanding any other provisions of this chapter. (Prior code §§ 7-5.05, 7-6.05, 7-7.05, 7-8.06, 7-9.06; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

This chapter shall not apply to any of the following:

(a) Any electrolier with continuous underground circuit used exclusively for street lighting;

(b) Any pole used exclusively for fire alarm boxes, or any other municipal equipment installed with the approval of the director of public works of the city;

(c) Wires of a continuous lead (exclusive of supporting structures) crossing any portion of the districts from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such continuous lead originates in an area from which poles and overhead wires and associated overhead structures are not prohibited;

(d) Pad mounted transformer and switching installations installed above ground as a part of an underground electric distribution system;

(e) Radio antennae, their associated equipment and supporting structures, used by a utility or other entities for furnishing communication services to one or more buildings within the districts;

(f) Service terminals in pedestals above ground, used to distribute electric or communication service in underground systems;

(g) 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;

(h) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects;

(i) Distribution and transmission lines of Pacific Gas and Electric Company on the south side of Arques Avenue within the Arques Avenue-Wolfe Road underground district existing on December 10, 1966;

Pacific Gas and Electric Company may install such additional equipment on the existing distribution and transmission lines as is necessary (A) for proper operation of such lines, (B) for connection to such lines of utility services hereafter furnished for use within the district, and (C) for connection to such lines, through risers, of transmission or distribution lines running underground from the district to the northerly side of Arques Avenue; provided, however, the total number of poles in said lines shall not be increased without

special permission of the council;

(j) Overhead wires within the Arques Avenue-Wolfe Road underground district existing on December 10, 1966, and used to supply electric, communication, or similar or associated service from the existing lines referred to in subsection (i) of this section and temporary overhead wires used to supply similar service during the construction of new buildings in the district and to supply similar services to the occupants thereof until thirty days after the underground systems for such utility services are completed and in operation, and thereafter the provisions of Section 15.08.100 shall be applicable to utility customer service from said lines;

(k) Electrical transmission lines of Pacific Gas and Electric Company within the Kifer Road underground district on January 6, 1966;

(l) Electrical transmission lines of Pacific Gas and Electric Company within the Moffett Park underground district on December 2, 1965;

(m) Electric transmission lines to be constructed at a future time to the substation site of Pacific Gas and Electric Company described in that certain agreement dated October 6, 1964, by and between the city and Pacific Gas and Electric Company. (Prior code §§ 7-5.06, 7-6.06, 7-7.06, 7-8.07, 7-9.07; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

(a) Within ten days after the effective date of this chapter, the city clerk shall notify all affected utilities and all persons owning real property within the district of the creation thereof. The city clerk shall further notify the property owners of the necessity that, if they or any person occupying the property desire to continue to receive electric, communication or other 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, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the requirements of state laws and city ordinances. This notice shall also specify the period of time within which such facility changes shall be completed.

(b) Notification shall be made by mailing a copy of this chapter to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the county of Santa Clara. Copies of this chapter required to be mailed must be deposited in the United States mail in a sealed envelope with postage prepaid and, respectively:

(1) Addressed to the person occupying or in possession of the property at such property;

(2) Addressed to the owner of the property as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll of the county of Santa Clara, and when no address appears, to General Delivery, city of Sunnyvale; and

(3) Addressed to each affected utility at its business office address in the city of Sunnyvale as it appears in the records of the city. Each copy of this chapter mailed in the manner set forth above shall be deemed to have been received by the person or utility to whom it has been sent within forty-eight hours after the mailing thereof.

(Prior code §§ 7-5.07, 7-6.07, 7-7.07, 7-8.08, 7-9.08; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

If underground construction is necessary to provide utility service within the area of the districts, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the commission. (Prior code §§ 7-5.08, 7-6.08, 7-7.08, 7-8.09, 7-9.09; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

(a) Every person owning, operating, leasing, occupying or renting a building or structure within the districts shall construct, or cause to be constructed, and provide that portion of the service connection on his property between the facilities referred to in Section

subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission and to the lawful requirements of state laws and city ordinances.

(b) In the event the person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection (a) of this section within the time specified in the notice required to be given pursuant to Section 15.08.100, the city engineer shall post written notice on the property being served and thirty 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.

(c) Noncompliance by any person owning, operating, occupying, leasing or renting said property with the provisions of this section shall constitute a misdemeanor under Section

Until such time as an order is issued pursuant to subsection (b) of this section

the supplying utility shall not be in violation of this chapter in continuing to maintain poles, overhead wires or associated overhead structures necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same. (Prior code §§ 7-5.09, 7-6.09, 7-7.09, 7-8.10, 7-9.10; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in sufficient time to enable the owner or user of such poles to remove the same within the time specified in Section 15.08.030(2). (Prior code §§ 7-8.11, 7-9.11; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)

If any act required by this chapter to be performed by any person cannot be performed within the time provided on account of shortage of materials, strikes, war, restraint by any public authority

or court, labor disturbances, civil disobedience, or any other circumstances beyond the control of said person, then the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitations. (Prior code §§ 7-5.10, 7-6.10, 7-7.10, 7-8.12, 7-9.12; Ord. 1283 § 1, 1965; Ord. 1290 § 1, 1965; Ord. 1350 § 1, 1967; Ord. 1434 § 1, 1968; Ord. 1459 § 1, 1968)