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HomeMy WebLinkAboutOrd. No. 2012-1304ORDINANCE NO. 2012 -1304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING CHAPTER 16.64 TO THE LAKE ELSINORE MUNICIPAL CODE CONCERNING UTILITIES THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 16.64 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: Chapter 16.64 Improvements -- Utilities 16.64.010 General requirements. All proposed new development shall be required, as a condition of development and subject to the 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 the California 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. 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 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. 16.64.025 Definitions. 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, equipment or facilities designed, constructed or Ordinance No. 2012 -1304 Page 2 of 4 used for the purpose of providing television or FM radio service by cable or through its facilities. "Utility device" means any device necessary, convenient or required for the transmission of energy or any communication signal to or from any property within the City. 16.64.035 Exclusions. The following utility devices shall be exempted from underground placement: A. Poles or electroliers used exclusively for street lighting; B. Utility devices operated at voltages in excess of thirty -four thousand five hundred (34,500) volts; C. Overhead utility lines to serve residential structures may be left or placed above ground where utility poles presently exist along or near rear property lines; D. 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. 16.64.036 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 any one of the following criteria: A. Interior tenant improvements and special conditional use permits for which construction is not required; B. 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; E. 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 Ordinance No. 2012 -1304 Page 3 of 4 to another location on the same building or to an adjacent building without crossing any public street; F. Antennae associated equipment and supporting structures, used by a utility for furnishing communication services; G. Temporary poles, overhead wires & associated overhead structures used or to be used in conjunction w /construction project. 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. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 8 n day of May, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 12 n day of June, 2012. Brian ftsdafe, Mayor City of Lake Elsinore City Council City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2012 -1304 was introduced at the regular City Council meeting of May 8, 2012 and adopted at the regular meeting of June 12, 2012, by the following roll call vote: AYES: 3 NOES: 2 ABSENT: None ABSTAIN: None Council Member Magee, Council Member Melendez and Mayor Tisdale Mayor Pro Tern Hickman and Council Member Weber