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HomeMy WebLinkAboutCity Council Agenda Item No 08CITY OF 1:14 061 :141 me 0 1, 110: RONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: THOMAS P. EVANS INTERIM CITY MANAGER DATE: MAY 8 2012 I • • 1 • - In November of 2011, the Cit Council directed staff to research and provide a draft ordinance for under overhead utilities. The Lake Elsinore Municipal Code, under Chapter 16.64 titled "Improvements-Utilities", identifies the re for utilities to be placed under As directed, staff has researched the under utilit ordinance for the Cit of Ontario to be used as a template for an updated ordinance for the Cit of Lake Elsinore. Lake Elsinore Municipal Code Section 16.64 identifies the re and describes the variet of utilities to be installed under Upon review of Section 16.64, there is a g ood existin foundation for re under utilities and, if combined with points from the ordinance from the Cit of Ontario, staff believes the Cit will have a comprehensive code re the under installation of utilities. Staff recommends the Cit of Lake Elsinore ordinance include the followin sections: • Re — to define the activit that tri the under re • Definitions — to identif terms • Arran — to identif devices re to be under and the approvin bod • Exclusions and Exemptions — identifies exceptions to this re I _1T"RTr_rT W Staff held two separate meetin with the affected utilities to discuss this ordinance modification. Southern California Edison, Verizon and Time-Warner Cable were represented at the first meetin in Februar while Southern California Edison was the Inder of Overhead Utilities Ma 8, 2012 Pa 2 onl utilit to attend the second meetin on March 22, 2012. Staff hosted a worksho on April 18 • th at the • Cultural Center intended to offer • an opportunit for the developmen communit and interested parties to have input on the chan Of the 40-plu invitations sent, ei people attended: two Cit staff members, Plannin Chairperso Jordan, Plannin Commissioner Morsch, Chamber President Kim Cousins, Residen Mr. Dou Pinnow, Jo Howard and Viet Tran from Southern California Edison. Ther was g ood discussion at the workshop and resultin clarifications are included in th attached draft document. At the April workshop there was also discussion re the routin of Edison transmission lines ( lines carr g reater than 11 OKV) throu the Cit The discussion centered on the need for the Cit to assert g reater control over Edison with respect to routin and under of ma transmission lines throu the Cit However, this issue will involve re and re under the jurisdiction of the California Public Utilities Commission and should be considered as a separate re Fiscal Impact None, construction of the facilit will be paid b the applicant or propert owner for each development. Recommendation: 1. Direct Staff to modif Chapter 16.64 to include chan resultin from the Cit Council's review of the enclosed draft ordinance; or 2. Alternativel if the Cit Council is satisfied with the draft ordinance as presented: Waive further readin and introduce b title onl Ordinance No. 2012 - amendin Chapter 16.64 to the Lake Elsinore Municipal Code relatin to under of utilities. Prepared b Ken Seumalo Director of Public Works Approved b Thomas P. Evans( Interim Cit Mana' Attachments: A LEMC Chapter 16.64 Improvements — Utilities B Ontario Municipal Code — Article, 7, Chapter 7: Under of Overhead Utilities Pa 2 of 15 Chapter 16.64 IMPROVEMENTS — UTILITIES Chapter 16.64 IMPROVEMENTS — UTILITIES Sections: 16.64.010 General re 16.64.020 Arran for installations. 16.64.030 Appurtenant e 16.64.040 Easements approval. 16.64.010 General re All utilit lines and facilities, includin but not limited to electric power, telephone or other communication, street li cable television lines, and other such utilit lines, shall be placed under and shall be installed in accordance with standards prescribed b the California Public Utilities Commission in streets or alle or in easements provided for that purpose with widths and locations that are ade for the service a Such standards shall appl to an a ownin or operatin the line whether or not it is sub to the j urisdiction of said Public Utilities Commission. If no standard is so prescribed, installation shall be made in accordance with practices usual in the particular field, subject to the approval of the Cit En [Ord. 529 § 6.12(A), 1973]. 16.64.020 Arran for installations. The land divider shall be responsible for compl with the re of this chapter in accordance with tariffs of the respective servicin utilities as field with the California Public Utilities Commission, and the conditions of approval, and shall make the necessar arran with the servin a for the installation of their respective facilities. [Ord. 529 § 6.12(6), 1973]. 16.64.030 Appurtenant e For the purposes of this section, appurtenances and associated e such as, but not limited to, surface-mounted transformers, concealed ducts, and pedestal-mounted terminal boxes and meter cabinets ma be placed above g round. [Ord. 529 § 6.12 1973]. 16.64.040 Easements approval. All utilit easements shall be approved b the servin utilit companies, and such approval shall be submitted to the Cit En prior to recordation of the tract map. [ Ord. 529 § 6.12(D)i 1973 Pa 3 of 15 http:Hwww.codepublishin 5/1/2012 Page 4 of 15 101 AN ORDINANCE OF THE CITY COUNCIL OF TH CITY OF LAKE ELSINORE, CALIFORNI AMENDING AND RESTATING CHAPTER 16.64 T THE LAKE ELSINORE MUNICIPAL COD CONCERNING UTILITIES ) I THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ,*RDAINS AS FOLLOWS: SECTION 1. That Chapter 16.64 of the Lake Elsinore Municipal Code is hereb amended and restated in its entiret as follows: Chapter 16.64 16.64.010 General re All proposed new development shall be re as a condition of development and sub to the exemptions and exclusions set forth in this chapter, to place under all new utilit lines and facilities, carr below thirt four thousand five hundred (34,500) volts, includin but not limited to electric power, telephone or other communication, street li Communit antenna television s and other such utilit lines shall be installed in accordance with standards prescribed b the California Public Utilities Commission in streets or alle or in easements provided for that purpose with widths and locations that are ade for the service a Such standards shall appl to an a ownin or operatin the line whether or not it is subject to the jurisdiction of the California Public Utilities Commission. If no standard is so prescribed, installation shall be made in accordance with practices usual in the particular field, sub to the approval of the Cit En 16.64.020 Arran for installations. The under of all such utilit devices shall be performed b the owner or developer of the propert seekin its development or improvement, or an construction thereon, at the owner's or developer's sole expense. The land divider shall be responsible for compl with the re of this chapter in accordance with tariffs of the respective servicin utilities as field with the California Public Utilities Commission, and the conditions of approval, and shall make the necessar arran with the servin a for the installation of their respective facilities. 16.64.025 Definitions. Communit antenna television s ( in this chapter referred to for convenience as "CATV) means a s of antennas, coaxial cables, wires, wave g uides or other conductors, e or facilities desi constructed or Pa 5 of 15 Ordinance No. 2012-1304 Pa 2 of 4 used for the purpose of providin television or FM radio service b cable or throu its facilities. "Utilit device" means an device necessar convenient or re for the transmission of ener or an communication si to or from an propert within the Cit 16.64.035 Exclusions. The followin utilit devices shall be exempted from under placement: A. Poles or electroliers used exclusivel for street li B. Utilit devices operated at volta in excess of thirt thousand five hundred ( 34,500 ) volts; C. Overhead utilit lines to serve residential structures ma be left or placed above g round where utilit poles presentl exist alon or near rear propert lines; D. For the purposes of this section, appurtenances and associated e such as, but not limited to, surface-mounted transformers, concealed ducts, and pedestal-mounted terminal boxes and meter cabinets ma be placed above g round. 16.64.036 Exemptions. The Cit En and/or Buildin Official shall exempt the followin developments or improvements of an propert whenever the Cit En in his or her discretion, finds that the proposed developments of improvements fit an one of the followin criteria: A. Interior tenant improvements and special conditional use permits for which construction is not re B. Exterior up expansion, or repair of existin improvements, includin but not limited to re-roofin addition of awnin landscapin e screenin repaintin and application of other exterior finishes; %.F C. Additions of functional e to an existin improvements, includin but not limited to air conditioners, antennae, block walls and fences, coolin towers, enclosure of outdoor stora areas, loadin docks, satellite dishes, silos and water tanks; D. The development of a new sin famil residence on a propert where the adjacent properties are serviced b overhead utilit devices to connect the proposed sin famil residence shall be placed under from said proposed residence to the previousl existin utilit devices; E. Overhead wires attached to the exterior surface of a buildin b means of a bracket or other fixture and extendin from one location on the building Ordinance No. 2012-1304 Pa 3 of 4 • another location • the same buildin • to an ad buildin without crossin an public street; F. Antennae associated e and supportin structures, used b a utilit for furnishin communication services; G. Temporar poles, overhead wires & associated overhead structures used or to be used in conjunction w/construction project. 16.64.040 Easements approval. All utilit easements shall be approved b the servin utilit companies, and such approval shall be submitted to the Cit En prior to recordation of the tract map. SECTION 2. If an provision, clause, sentence or para of this Ordinance or the application thereof to an person or circumstance shall be held invalid, such invalidit shall not affect the other provisions of this Ordinance and are hereb declared to be severable. SECTION 3. This Ordinance shall take effect thirt (30) da after the date of its final passa The Cit Clerk shall certif as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner re b law. PASSED, APPROVED, AND INTRODUCED at a re meetin of the Cit Council of the Cit of Lake Elsinore, California, on the 8th da of Ma 2012, and adopted at a re meetin of the Cit Council of the Cit of Lake Elsinore, California, on the da of Ma 2012. Brian Tisdale, Ma Cit of Lake Elsinore Cit Council ATTEST: Vir Bloom, Cit Clerk Barbara Leibold, Cit Attorne Pa 7 of 15 Ordinance No. 2012-1304 Pa 4 of 4 STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE 1, VIRGINIA BLOOM, Cit Clerk of the Cit of Lake Elsinore, California, hereb certif that Ordinance No. 2012-1304 was introduced at a re meetin of the Cit Council of the Cit of Lake Elsinore on the 8th da of Ma 2012, and was finall passed at a re meetin of the Cit Council of the Cit of Lake Elsinore held on the th da of Ma 2012, b the followin roll call vote: AYES: NOES: ABSENT: ABSTAIN: Vir Bloom, CMC Cit Clerk Pa 8 of 15 Pa I of 7 Ontario Municipal Code I q:I zTe Q A -1 :1411 um AN=m I; 111fifflikuw Article L- Purpose and Objectives; Definitions 7-7.101 Purpose and objectives 7-7.102 Definitions Article 2.- Re Application, Utilit Devices Assessment Form and Procedure for Permits 7-7.201 Re 7-7.202 Application 7-7.203 Utilit devices assessment form 7-7.204 Procedure for permits Article 3: Exclusions and Exemptions 7-7.301 Exclusions 7-7.302 Exemptions Exhibit A Exhibit C Sec. 7-7.101. Purpose and objectives. The purpose of this chapter is to serve the public health, safet and welfare b re the under of overhead utilities and to specificall achieve the followin objectives: ( a ) Eliminate potential hazards to life and propert in the event of emer or disasters such as earth fires, floods, hazardous or toxic waste releases, rains, and riots (b) Facilitate the deliver of emer services to persons and propert located adjacent to the public ri of-wa ( c ) Improve or increase the utilit of the public ri for such public uses as pedestrian travel, ease of deliveries to adjacent propert and landscapin treatments and ( d ) Improve or increase the visibilit of persons operatin motor vehicles on public and private streets and thereb promote the safet of the pedestrian and vehicle operators. (§ 1, Ord. 2804, eff. October 21, 2004) http://www.amle Pa 9 of 15 5/1/2012 Pa 2 of 7 Sec. 7-7.102. Definitions. For the purpose of this chapter, the followin definitions shall appl unless the context clearl indicates or re a different meanin ( a ) "Arterial street." This term has the meanin g iven to "street, arterial" in Chapter 1 of Title 9 of this Code. (b) "Collector street." This term has the meanin g iven to "street, collector" in Chapter 1 of Title 9 of this Code. (c) "Development." An construction, erection or installation of an facilit or structure on an propert (d) "Improvement." An addition or modification to an existin facilit or structure on an propert (e) "Local street." This term has the meanin g iven to "street, local" in Chapter I of Title 9 of this Code. (f) "New Model Colon That portion of the Cit identified as the New Model Colon on the map attached hereto and incorporated herein as Exhibit "A." With respect to territor that ma be annexed to the Cit subse to the effective date of this section, territor located south of Riverside Drive shall be considered part of the New Model Colon (g) "Old Model Colon That portion of the Cit identified as the Old Model Colon on the map attached hereto and incorporated herein as Exhibit "A." With respect to territor that ma be annexed to the Cit subse to the effective date of this section, territor located north of Riverside Drive shall be considered part of the Old Model Colon (h) "Permit." An permit re to be issued b the Cit or an of its officials, as a prere to the development or improvement of an propert within the Cit includin but not limited to, an buildin permit, conditional use permit, occupanc permit, site development approval or subdivision approval. (i) "Utilit device." An device necessar convenient or re for the transmission of ener or an communication si to or from an propert within the Cit (§ I, Ord. 2804, eff. October 21, 2004, § 1, Ord. 2892, eff. Jul 3, 2008) Article 2: Re Application, Utilit Devices Assessment Form and Procedure for Permits Sec. 7-7.201. Re ( a ) All proposed new development within those areas of the cit described in § 7-7.202 of this Code shall be re as a condition of development and subject to the exemptions and exclusions set forth in this chapter, to place under all new and existin overhead cable television, electrical, telephone and other devices for the transmission and/or distribution or ener or communications, includin but not limited to lines, poles, transformers, and related devices. The re to under utilit devices shall be imposed on each and ever permit issued b the Cit for the development or improvement of an propert to which this subsection applies. (b) The under of all such utilit devices shall be performed b the owner or developer of the propert seekin its development or improvement, or an construction thereon, at the owner's or developer's sole expense. The owner or developer shall arran for the placement of said utilit devices under with the Pa 10 of 15 http://www.amle 5/1/2012 Pa 3 of 7 appropriate utilit or communication compan includin the processin of an application, pa of an fees or expenses, the submission and approval of an plans and the coordination of said under with the Cit En This re to under shall not abro an ri offsets, or claims which the owner or developer ma have as to an utilit or communication compan ( c ) No certificate of occupanc shall be issued for an propert whose development or improvement re the under of utilit devices unless and until compliance with this chapter shall have been accomplished to the satisfaction of the Cit En Where an owner or developer has entered into a written a with each applicable utilit compan to under utilities and paid the re costs, a certificate of occupanc ma be issued upon proof thereof. (§ 1, Ord. 2804, eff. October 21, 2004, § 2, Ord. 2892, eff. Jul 3, 2008) Sec. 7-7.202. Application. The re to under utilit devices created and imposed b this chapter shall appl subject to the exclusions and exemptions provided in this chapter, to each and ever propert within the New Model Colon and alon arterial and collector streets within the Old Model Colon in an case in which the owner or developer of real propert re an permit from the Cit for its development or improvement, includin an improvement to an existin facilit or structure where the improvement exceeds one thousand (1,000) s feet or fift percent ( 50% ) , whichever is smaller, of the area of the existin facilit or structure. (§ 1, Ord. 2804, eff. October 21, 2004, § 3, Ord. 2892, eff. Jul 3, 2008 Sec. 7-7.203. Utilit devices assessment form. (a) Upon an application for an permit from the Cit to develop or improve an propert the owner or developer shall submit a utilit devices assessment form without which the permit application shall be incomplete and ineli for action b the Cit The utilit devices assessment form shall re the followin information.- ( 1) The name, address and telephone number of the developer and owner ( 2 ) The location of the propert and its le description ( 3 ) The nature of the proposed development or improvement ( 4 ) A statement from each utilit or communication compan servin the. propert containin a g eneral description of the utilit devices capable of being under and the cost thereof and (5) An other information re b the Cit En to implement the purposes and re of this chapter. ( b ) The Cit En shall review the utilit devices assessment form in order to identif which utilit devices described in the assessment form shall be re for placement under and which utilit devices ma be exempted. The Cit En ma re the owner to amplif or revise the utilit devices assessment form to assist in makin this determination. Upon review, the Cit En shall determine which utilit devices identified shall be placed under for each development or improvement and which utilit devices ma be exempted. However, no utilit device ma be exempted unless it has been identified on the utilit devices assessment form. ( c ) The approval or issuance of an permit to develop or improve an propert shall be conditioned b the re to under each utilit device re to be placed under b the Cit En ( d ) In the exercise of the discretion g ranted to the Cit En or his or her desi herein, he or she shall Pa 11 of 15 http://www.amle 5/1/2012 determine which utilit devices shall be placed under and re the owner or developer to place said utilit devices under on the propert sub to the development or improvement as follows: ( 1 ) Except as otherwise provided in this subsection, the re utilit devices shall be placed under alon the entire fronta of the subject propert from boundar line to boundar line as depicted in Dia C-1, Exhibit "C" of this chapter. ( 2 ) Whenever a utilit pole is located on the fronta of the subject propert and within five (5) feet of its boundar line, the re utilit devices shall be placed under alon the fronta of the propert from boundar line to the pole except for that distance of five (5) feet or less between the pole and the other boundar line as depicted in Dia C-2, Exhibit "C" and the utilit pole ma remain in place and utilized as a riser. ( 3 ) Whenever a utilit pole is located within one hundred fift (150) feet of a boundar line of the sub propert the re utilit devices shall be placed under alon the entire fronta of the subject propert from boundar line to boundar line and from one of the boundar lines to said existin utilit pole as depicted in Dia C-3, Exhibit "C". Whenever a utilit pole is located more than one hundred fift (150) feet from a boundar line of the subject propert a new utilit pole shall be installed at one boundar line of the sub propert and the re utilit devices shall be placed under alon the entire fronta of the subject propert from one boundar line to the newl installed utilit pole as depicted in Dia C-3, Exhibit " ( 4 ) In the event that the subject propert is located on a comer where two streets intersect, the re under shall extend across one or both of the streets to the next existin pole provided that the pole is within one hundred fift (150) feet of one of the boundar lines of the subject propert as depicted in Dia C-4, Exhibit " (§ 1, Ord. 2804, eff. October 21, 2004) Sec. 7-7.204. Procedure for permits. Where the Cit En has authorit to issue a permit for the development or improvement of an propert within the Cit said official shall condition the permit upon the placement of specified utilit devices under For other development approvals, said official shall recommend to the Plannin Commission or the Cit Council which utilit devices shall be placed under and which utilit devices, developments or improvements are exempt from this chapter. Thereafter, the Development Advisor Board, the Plannin Commission or the Cit Council shall determine which utilit devices shall be placed under or exempted for each development or improvement and which developments or improvements are exempt pursuant to this chapter. (§ 1, Ord. 2804, eff. October 21, 2004) Article 3: Exclusions and Exemptions Sec. 7-7.301. Exclusions. The followin utilit devices shall be exempted from under placement.- ( a ) To the extent a utilit compan re to perform maintenance, up or redesi under the provisions of their tariff schedule or franchise a ( b ) Street li and traffic si ( c ) Utilit devices operated at volta in excess of thirt thousand five hundred (34,500) volts Pa 12 of 15 http://www.amle 5/1/2012 Pa 5 of 7 (d) Overhead utilit devices located or to be located in local streets, alle trails, and/or utilit easements in the Old Model Colon ( e ) Overhead utilit lines to serve residential structures ma be left or placed above g round where utilit poles presentl exist alon or near rear propert lot lines and ( f ) Appurtenances and associated e includin but not limited to, surface-mounted transformers and switches, pedestal-mounted terminal boxes and meter cabinets which ma be left or placed above g round on the condition that can be screened from public view. (§ 1, Ord. 2804, eff. October 21, 2004, § 4, Ord. 2892, eff. Jul 3, 2008) Sec. 7-7.302. Exemptions. The Cit En shall exempt the followin developments or improvements of an propert outside of the New Model Colon whenever the Cit En in his or her discretion, that the proposed developments or improvements fit an one of the followin criteria: ( a ) Interior tenant improvements and special conditional use permits for which construction is not re (b) Exterior up or repair of existin improvements, includin but not limited to re-proofin additions of awnin landscapin e screenin repaintin and application of other exterior finishes ( c ) Additions of functional e to an existin improvements, includin but not limited to air conditioners, antennae, block walls and fences, coolin towers, enclosure of outdoor stora areas, loadin docks, satellite dishes, silos and water tanks ( d ) The development of a new sin famil residence on a propert where the adjacent properties are serviced b overhead utilit devices provided that the utilit devices to connect the proposed sin famil residence shall be placed under from said proposed residence to the previousl existin utilit devices or (e) Whenever the owner or developer of a subject propert is re to under utilit devices under this chapter but the distance over which the utilit devices is less than six hundred fift (650) feet, the Cit En ma allow the owner or developer to pa a fee to the Cit that is e to the unit cost of placin said utilit devices under multiplied b the distance over which the under is re not to exceed six hundred fift ( 650) feet, in lieu of such under The unit price for under an utilit devices shall be based upon the most recent unit price for under utilit devices over a distance of g reater than thirteen hundred ( 1,30 0) feet as established b the utilit compan that would other be responsible for under said utilit devices. The owner or developer shall obtain a written statement of the unit price for under the re utilit devices from the utilit servin the subject propert and submit it to the Cit En for determination of the amount of the in lieu fee. (f) Whenever existin overhead utilit lines or related devices are located in, on or between poles servin both electrical transmission lines (i.e. those carr at least sixt (66) kV of ener and electrical distribution lines (i.e. those carr less than thirt and one-half (34.5) kV of ener in the Old Model Colon said lines re to be placed under per this chapter ma be left intact above g round on those poles provided that the owner or developer pa an in-lieu fee for under said utilit devices as re b the Cit En The amount of the in-lieu fee shall be determined as provided for in § 7-7.302 (e). (§ 1, Ord. 2804, eff. October 21, 2004, § 5, Ord. 2892, eff. Jul 3, 2008) Exhibit A. Pa 13 of 15 http://www.amle 5/1/2012 Exhibit C. Utilit under re in the OMC for development projects havin street fronta in excess of 650 feet. Pa 14 of 15 http://www.amle 5/1/2012 Pa 7 of 7 Cam: ... .......... 7" 150'&Urvder • Existing' Street street: wall, Disclaimer: This Code of Ordinances and/or an other documents that appear on this site ma not reflect the most current le adopted b the Municipalit Americ-an Le Publishin Corporation provides these docu M.ents Iforinformational purposes onl These documents Iz.houldv not be relied upon as the definitive authorit for ie g islation. Additionall the formattin and pa g ination, Of the posted documents varies 'frorn t1 he formattin and pa g ination oi' the official cop The official printed Cop of a Code of 0., dinances should be consulted prior to an action bein taken. N iments posted this site,, piease contact the Municipalit For further in rmation re the official version of an of this Code of Ordinances or other docu or, directl of, contact American Le Publishin t"'DII-free at 80'0 -445. x;;88. 20 1; 11. Arnerican Le Publishin Corporation techsur)Dort&amIe-qaI.com i,8010,445J,5588, h A- ttp://www.amle 5/1/2012 PROJECT 1w C SITE ... .......... 7" 150'&Urvder • Existing' Street street: wall, Disclaimer: This Code of Ordinances and/or an other documents that appear on this site ma not reflect the most current le adopted b the Municipalit Americ-an Le Publishin Corporation provides these docu M.ents Iforinformational purposes onl These documents Iz.houldv not be relied upon as the definitive authorit for ie g islation. Additionall the formattin and pa g ination, Of the posted documents varies 'frorn t1 he formattin and pa g ination oi' the official cop The official printed Cop of a Code of 0., dinances should be consulted prior to an action bein taken. N iments posted this site,, piease contact the Municipalit For further in rmation re the official version of an of this Code of Ordinances or other docu or, directl of, contact American Le Publishin t"'DII-free at 80'0 -445. x;;88. 20 1; 11. Arnerican Le Publishin Corporation techsur)Dort&amIe-qaI.com i,8010,445J,5588, h A- ttp://www.amle 5/1/2012