West Covina Municipal Code § 23-274 Modification of requirements

The city council hereby finds, determines and declares that the public safety requires that all electrical, telephone, telegraph, cable television and similar service lines in the city be placed underground for the following reasons:

(a) In the event of wind, rain or electrical storms, overhead lines increase the probability of fires and accidental electrocution. Also the incidence of service interruptions increases thereby limiting citizen communication with public safety providers.

(b) Overhead lines create additional hazards to the general public, firefighters, tree maintenance workers and construction personnel using cranes, booms and other construction equipment.

(c) In areas adjacent to existing or committed underground development there are hazards to persons in the flying of kites for they might not have knowledge of overhead lines nearby.

Therefore, the installation of and conversion to underground service lines promotes and preserves the health, safety and general welfare of the public and assures the orderly development of the city. The city council hereby finds, determines and declares that it is in the public interest for all service lines to be placed underground.

(Code 1960, § 7501; Ord. No. 1734, § 1, 11-11-86)

In addition to the provision for undergrounding established by California Public Utilities Commission rules, tariffs and regulations:

(a) Any new on-site service lines which provide direct service to the improvement and/or property being developed shall be placed underground. The owner/developer/builder requiring such new lines shall be responsible for making arrangements with the service provider and/or city for such underground installation and for the payment of all related costs.

(b) Any line extensions by service providers, which provide direct service to the improvement and/or property being developed, shall be placed underground. The owner/developer/builder requiring such extension shall be responsible for making arrangements with the service provider and/or city for such underground installation and for the payment of all related costs.

(c) Any relocated on-site service lines shall be placed underground whenever such relocation is necessitated by a building addition or alteration which either increases the square foot area by more than fifty (50) percent of the existing area of the building or increases the value by more than fifty (50) percent of the existing value of the building. The city building official shall determine whether this requirement applies on a case-by-case basis. The owner/developer/builder requiring such relocation shall be responsible for making arrangements with the service provider and/or city for such underground installation and for the payment of all related costs.

(Code 1960, § 7502; Ord. No. 1424, § 1, 2-12-79; Ord. No. 1734, § 1, 11-11-86)

If the enforcement of the provisions of the preceding section would result in undue hardship to any person due to topographical, soil or other conditions, an application by said person may be made for a modification of the provisions of that section in the following manner:

(1) Written application shall be filed with the planning department.

(2) The application shall include all information necessary to properly apprise the planning commission of the circumstances existing which require a modification. A copy of the application shall be forwarded to the city engineer for a report and recommendation.

(3) Within thirty (30) days after the filing of the application, the planning commission shall conduct an informal hearing on the application. Upon completion of the hearing, the planning commission may grant, partially grant, or deny the application.

(4) Within twenty (20) days after the action of the planning commission, an appeal of the action may be made to the Council by any interested person or party and within thirty (30) days after an appeal, the city council shall conduct an informal hearing thereon and may grant, partially grant, or deny the application.

(5) The filing fee for the application for modification shall be such fee as the city council from time-to-time shall establish by resolution. Such fee shall be paid to the city at the time of filing. No application shall be considered filed until the established fee has been paid to the city.

(Code 1960, § 7503; Ord. No. 1734, § 1, 11-11-86)

The following conditions are exempt from provisions of this article:

(a) Public utilities doing work governed by the rules, regulations and tariffs of the California Public Utilities Commission.

(b) Electrical transmissions facilities for nominal voltages in excess of thirty-three thousand (33,000) volts.

(c) The installation of temporary service lines and poles installed for construction purposes and removed prior to occupancy of the structure being built or remodeled.

(d) The installation of temporary service lines and poles for temporary use when a temporary use permit has been issued and when such permit requires removal of the temporary service poles and lines upon completion of the temporary use.

(e) The installation of interest poles for risers when the adjacent existing pole(s) do not have adequate room for the risers.

(f) 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.

(Code 1960, § 7504; Ord. No. 1734, § 1, 11-11-86)