Thousand Oaks Municipal Code Art. 2 Undergrounding Installations

The Council hereby finds and determines that the public interest requires, except as otherwise provided in this article, that all facilities and wires for the supply and distribution of electric energy and service, television cable service, and telephone and telegraph service for all new construction and land developments 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.

The Council also hereby finds that the public interest requires, except as otherwise provided in this article, that all facilities and wires for the supply and distribution of electric energy and service, television cable, service, and telephone and telegraph service adjacent to new 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.

(§ 1, Ord. 31, as amended by § I, Ord. 507-NS, eff. December 12, 1974)

(a) Required. The subdivider, developer, and landowner shall make the necessary cost and other arrangements with each of the public utility companies for the installation of underground facilities and appropriate relocation and the undergrounding of existing adjacent facilities in conformance with the respective operating company’s rules and regulations then on file and approved by the Public Utilities Commission of the State. If such rules and regulations provided to the City preclude the undergrounding of certain facilities, then, in that event, the undergrounding of those facilities shall not be required, and no formal waiver hearing, as set forth in Section 7-5.203 of this article, shall be necessary, except that adequate security for possible future undergrounding may be required.

(b) Exceptions. The provisions of this section shall not apply to:

(1) Overhead facilities approved by the Community Development Director to be installed and maintained for a period not to exceed thirty (30) days in order to provide emergency service;

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

(3) Power transmission lines of 66,000 volts or more if it is determined by the Community Development Director that such undergrounding is not technically or economically feasible at the time the development is to take place.

(§ 2, Ord. 31, as amended by § 1, Ord. 147-NS, eff. May 7, 1970, and § I, Ord. 507-NS, eff. December 12, 1974)

Upon the application of a subdivider, developer, landowner, or utility company, and after paying a fee as prescribed by Council resolution, the provisions of Section 7-5.202 may be waived pursuant the procedures set forth in Article 28 of Title 9 of this Code, if it is found that the requirements of an underground installation of utility lines would be unreasonable or impractical considering, but not limited to, any of the following:

(a) The geological or soil condition;

(b) The topographical conditions;

(c) The existence of overhead utility lines in an adjacent subdivision or development;

(d) The use which shall be made of the property, but only if the use is other than a single-family residential subdivision; and

(e) The cost of installing underground lines compared with the cost of the final development of the property.

The Community Development Director may impose such conditions as he deems necessary to carry out the purposes and intent of the provisions of this article.

(§ 4, Ord. 31, as amended by Ord. 76, § I, Ord. 162-NS, eff. August 27, 1970, § III, Ord. 219-NS, eff. August 19, 1971, § III, Ord. 581-NS, eff. August 12, 1976, § III, Ord. 776-NS, eff. April 16, 1981 and § 3, Ord. 1178-NS, eff. April 27, 1993)

No building permit shall be issued for any new construction and land development unless the applicant’s plans comply with the provisions of this chapter or until the applicant has obtained a waiver of the requirements of this chapter.

(§ 6, Ord. 31, as added by § 1, Ord. 92)

For the purposes of this chapter, appurtenances and associated equipment, including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed aboveground.

(§ 3, Ord. 31)

(a) Filing. Within ten (10) calendar days after the date of the rendition of a decision by the Planning Commission, an appeal to the Council may be taken by the applicant, or by any person or political entity aggrieved, or by any officer, department, board or commission of the City affected by the decision. An appeal may be commenced only by filing within the Community Development Department a notice of appeal which specifies the grounds of appeal and the action which the appellant requests the Council to take. Appeals shall be submitted on forms provided for that purpose by the Community Development Department, and shall be accompanied by the applicable fee as specified in the City’s Master Fee Resolution. Prior to and as a prerequisite to filing a notice of appeal, an appellant shall obtain certification from the Community Development Department that an appeal is in order for Council consideration and that, when applicable, all information and maps required in connection with the appeal have been filed with the City. The Department shall note the date and time such notice is filed and forthwith sent a copy to the City Attorney. No filing fee shall be charged or collected for any application or appeal filed by a City officer, employee, board or commission on behalf of the city.

(b) Hearings. Following the filling of an appeal, the City Clerk shall consider the pending City Council agenda requests and shall fix the date, time, and place for the hearing on the appeal. Said hearing shall be held not more than ninety (90) calendar days following the filling of the appeal.

(c) Hearings: Decisions: Voting. Any decision on an appeal to the Council reversing or modifying the decision of the Planning Commission shall require the concurrence of at least a majority of those voting. In the event a motion fails to receive a majority vote, the appeal shall be deemed denied.

(§ 5.1, Ord. 31, and §§ 5.2 and 5.3, Ord. 31, as amended by Ord. 108; as amended by § 1, Ord. 603-NS, eff. December 16, 1976, and 1556-NS, eff. July 1, 2011)