HomeMy WebLinkAboutItem No. 3CITY OF
LADE LSINORE
IN DREAM EXTREMEn
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRPERSON
AND MEMBERS OF THE PLANNING COMMISSION
FROM: WARREN MORELION, AICP
ACTING COMMUNITY DEVELOPMENT DIRECTOR
DATE: MAY 1, 2012
SUBJECT: DRAFT UNDERGROUND ORDINANCE
APPLICANT: CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET, LAKE
ELSINORE, CA 92530
Background
In November of 2011, the City Council directed staff to research and provide a draft
ordinance for undergrounding overhead utilities. The Lake Elsinore Municipal Code, under
Chapter 16.64 titled "Improvements-Utilities", identifies the requirement for utilities to be
placed underground. As directed, staff has researched the underground utility ordinance
for the City of Ontario to be used as a template for an updated ordinance for the City of
Lake Elsinore.
Lake Elsinore Municipal Code Section 16.64 identifies the requirements and describes the
variety of utilities to be installed underground. Upon review of Section 16.64, there is a
good foundation for requiring undergrounding utilities and, if combined with the ordinance
from the City of Ontario, staff believes the City will have a comprehensive code requiring
the underground installation of utilities. Staff recommends the City of Lake Elsinore
ordinance include the following sections:
• Definitions - to identify terms
• Requirements - to define the activity that triggers the underground requirement
• Application -to identify devices required to be underground
• Procedure for Approval - identifies device to be underground and approving body
• Exclusions and Exemptions - identifies exceptions to this requirement
PC May 1, 2012 Item No. 3
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Zone Code Amendment 2012-01
May 1, 2012
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Discussion
Staff held two separate meetings with the affected utilities to discuss this ordinance
modification. Southern California Edison, Verizon and Time-Warner Cable were
represented at the first meeting at the end of February while Southern California Edison
was the on~ utility to attend the second meeting in March 22"d. Staff hosted a workshop
on April 18 at the Cultural Center intended to offer an opportunity for the development
community and interested parties to have input on the changes. Of the 40-plus invitations
sent, eight people attended: two City staff members, Planning Chairperson Jordan,
Planning Commissioner Morsch, Resident Mr. Doug Pinnow and Viet Tran from Southern
California Edison. There was good discussion in the workshop and some clarifications
were suggested that are included in the attached draft document.
It is staff's intent to present the draft ordinance to the City Council at their next regularly
scheduled meeting on May 8t'.
Environmental Determination
None
Recommendation
Planning Commission provide any comments they may have, and receive and file the draft
ordinance.
Submitted By: Ken Seumalo, P.E.
Director of Public Works
Approved By: Warren Morelion, AICPN~
Acting Community Development Director
Attachments:
A. Draft Underground Utility Ordinance
B. Existing Chapter 16.64 - Improvements -Utilities
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Attachment A
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I
:16.64.010 General requirements.
All proposed new development shall be required, as a condition of development and subject to
Ithe exemptions and exclusions set forth in this chapter, to place underground all new utility lines
'and facilities, carrying below thirty four thousand five hundred (34,500) volts, including but not
limited to electric power, telephone or other communication, street lighting, Community antenna
television system, and other such utility lines shall be installed in accordance with standards
prescribed by the California Public Utilities Commission in streets or alleys, or in easements
provided for that purpose with widths and locations that are adequate for the service agencies.
Such standards shall apply to any agency owning or operating the line whether or not it is subject
to the jurisdiction 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 City Engineer. [Ord. 529 § 6.12(A), 1973].
16.64.020 Arrangements for installations.
The undergrounding of all such utility devices shall be performed by the owner or developer of the
property seeking its development or improvement, or any construction thereon, at the owner's or
developer's sole expense. The land divider shall be responsible for complying with the
requirements of this chapter in accordance with tariffs of the respective servicing utilities as field
uvith the California Public Utilities Commission, and the conditions of approval, and shall make the
necessary arrangements with the serving agencies for the installation of their respective facilities.
[Ord. 529 § 6.12(6), 1973].
16.64.025 Definitions
a) "Utility device." Any device necessary, convenient or required for the transmission of energy
ar any communication signal to or from any property within the City.
;b) "Community antenna television system" (in this chapter referred to for convenience as
'CATV") means a system of antennas, coaxial cables, wires, wave guides or other conductors,
aquipment or facilities designed, constructed or used for the purpose of providing television or FM
-adio service by cable or through its facilities.
Exclusions
following utility devices shall be exempted from underground placement:
Poles or electroliers used exclusively for street lighting
(b) Utility devices operated at voltages in excess of thirty-four thousand five hundred
volts
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Overhead utility lines to serve residential structures may be left or placed above ground
utility poles presently exist along or near rear property lines
For the purposes of this section, appurtenances and associated equipment such as, but
limited to, surface-mounted transformers, concealed ducts, and pedestal-mounted terminal
:s and meter cabinets may be placed above ground. [Ord. 529 § 6.12(C), 1973].
6.64.036 Exemptions
The City Engineer and/or Building Official shall exempt the following developments or
improvements of any property whenever the City Engineer, in his or her discretion, finds that the
proposed developments of improvements fit anyone of the following criteria:
Interior tenant improvements and special conditional use permits for which construction is
not required;
Exterior upgrading, expansion, or repair of existing improvements, including but not
limited to re-roofing, addition of awnings, landscaping, equipment screening, repainting
and application of other exterior finishes;
c) Additions of functional equipment to any existing improvements, including but not limited'
to air conditioners, antennae, block walls and fences, cooling towers, enclosure of
outdoor storage areas, loading docks, satellite dishes, silos and water tanks;
d) The development of a new single family residence on a property where the adjacent'
properties are serviced by overhead utility devices to connect the proposed single family'
residence shall be placed underground from said proposed residence to the previously'
existing utility devices;
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.
Antennae associated equipment and supporting structures, used by a utility for furnishing
communication services.
Temporary poles, overhead wires & associated overhead structures used or to be used in
116.64.040 Easements approval.
',,All utility easements shall be approved by the serving utility companies, and such approval shall
be submitted to the City Engineer prior to recordation of the tract map. [Ord. 529 § 6.12(D), 1973].
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Attachment B
PC May 1, 2012 Item No. 3
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Ken Seumalo
Subject: FW: Current Underground Ordinance
Chapter 16.64
IMPROVEMENTS - UTILITIES
Sections:
16.64.010
General requirements.
16.64.020
Arrangements for installations.
16.64.030
Appurtenant equipment.
16.64.040
Easements approval.
16.64.010 General requirements.
All utility lines and facilities, including but not limited to electric power, telephone or other communication, street lighting,
cable television lines, and other such utility lines, shall be placed ],10*00 ij dI and shall be installed in accordance with
standards prescribed by the California Public Utilities Commission in streets or alleys, or in easements provided for that
purpose with widths and locations that are adequate for the service agencies. Such standards shall apply to any agency
owning or operating the line whether or not it is subject to the jurisdiction 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 City Engineer. [Ord. 529 § 6.12(A), 1973].
16.64.020 Arrangements for installations.
The land divider shall be responsible for complying with the requirements of this chapter in accordance with tariffs of the
respective servicing utilities as field with the California Public Utilities Commission, and the conditions of approval, and
shall make the necessary arrangements with the serving agencies for the installation of their respective facilities. [Ord.
529 § 6.12(13), 19731.
16.64.030 Appurtenant equipment.
For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted
transformers, concealed ducts, and pedestal-mounted terminal boxes and meter cabinets may be placed above ground.
[Ord. 529 § 6.12(C), 19731.
16.64.040 Easements approval.
All utility easements shall be approved by the serving utility companies, and such approval shall be submitted to the City
Engineer prior to recordation of the tract map. [Ord. 529 § 6.12(D), 19731.
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