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CI,Q OF SAN BEANAAD~ - AEQUEOr FOR COUNCIL A"-
From:
Ralph H. Prince
Subject:
Undergrounding Utility Lines
Dept: City Attorney
Date: May 5, 1987
Synopsis of Previous Council action:
4/30/87
Legislative Review Committee recommended approval
of proposed ordinance and resolution regarding
undergrounding utility lines.
Recommended motion:
Waive further first reading of ordinance and layover for final
adoption.
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Signature
Contact parlon:
Cynthia Grace
Phon.:
Supporting data attachad:
Yes
Ward:
5056
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notel:
JIIo.ll'ltSt
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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SEC1'IONS
18.44.070 ~~D 18.44.080 OF THE SAN BERNARDINO MUNICIPAL CODE
TO PERMIT WAIVER OF THE REQUIRE~1ENT TO UNDERGROUND EXISTING
UTILITY LINES ~JHEN CERTAIN CRITERIA ARE I!ET.
THE HAYOR l\ND COMMON COl.,'!:CIL OF ","E CITY OF SAN BERNARDU10
DO ORDAIN A: ~OLLO~S:
SECTION 1. Section 18.44.070 Subsection N of the San
Be;;-nardino 1'~u.nicip"l Code is hereby anenc'terl as follows:
"N. Existin<l overhead utility lines, including, but ;10t
limited to electrical, telephone, cable television, and street
light service, shall be placed under~round. This requirement
shall apply to all such lines traversing the development, or
along either side of streets adjoinin~ the subdivision, except
for electrical transmission lines of 33 t~A ane above.
Distribution lines of 33 KVA and below shall be undergrounde6,
'There one line is exeI:lpt, all lines on that pole shall be
exempt. Arrange::lents, including payment of costs, shall be
made by the subdivider with the serving utility company(s).
Undergrouriding of ~tility structures nay be done by the
subdivider, with permission from the ~erving utility.
For subdivisions with frontages of less than three hundred
feet, the Director of Public Works/City Engineer
may accept a cash payment fro~ t~e Gul~ivider, in lieu of
undergrounding the lines. Payments will be based upon a written
estimate of the short form unit <.."st from the serving utility
company(s), and will reflect Lhc :~bdivision's proportionate
share of the estil"'ated cost few under<Jrounding the lines over
the entire section.
In the event that prope~t:l-' on the oprosite side of the
5/;;/87
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street is vacant, and intended to be served by the service line
across the street, the subdivision shall pay fifty percent of
the estimated cost of undergrounding. When the vacant property
is developed, developer shall pay the remaining fifty percent
of the cost of undcrgrounding. The cost of undergrounding shall
be calculated to exclude the cost of street crossings; the
entire cost to underground street crossing lines shall be borne
by the property served by the crossing lines. The developer
nay choose to perform the undergrounding insteaQ of paying fifty
percent of the cost. ~owever, if he chooses this option, he
shall pay one hundred percent of conversion.
All payments shall be deposited into a line item account
for undergrounding utilities within the area. In no event
shall the total of payments received exceed the estimated cost
for undergroundinq utilities along that section of street.
For the purpose of this subsection, surface mounted
transformers, pedestal n~unted terminal boxes and meter
cabinets, and other associated equip..ent for an underground
system may be placed above ground.
An appeal may be submitted to the r"ayor and Conunon
Council for a waiver of the requirements of this subsection,
due to topographic conditions, soil or other factors
that render undergrounding unreasonable or impractical. All
appeals shall be in writing, and shall state the reason why
undergrounding is unreasonable or impractical. Appeals shall
include a preliminar~7 estimate of cost, in writing, from the
serving utility cor.:pany(s);"
SECTION 2. Section l8.44.~gO of the San Bernargino
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Council Members
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
, 1987.
day
of
Mayor of the City of San Bernardino
S/5/87
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1 Approved as to form:
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IMPROVEMENTS
18.44.060 Supplemental improvements.
The subdivider may be required to install improvements
for the benefit of the subdivision which may contain supple-
mental size, capacity or number for the benefit of property
not within the subdivision as a condition precedent to the
approval of a subdivision map, and thereafter to dedicate
such improvements to the public. However, the subdivider
shall be reimbursed for that portion of the cost of such
improvements equal to the difference between the amount
it would have cost the subdivider to install such improve-
ments to serve the subdivision only, and the actual cost of
such improvements pursuant to the provisions of the Sub-
division Map Act, The reimbursement shall be in accordance
with an agreement approved by the Mayor and Council. No
improvements shall be constructed prior to approval of the
agreement. (Ord. 3847 ~ 11.50,7-9-79.)
18.44.070 Work required.
The improvements required by this title shall consist of
all of the following work and such other work as may be
required as a condition of acceptance of any street, alley,
pedestrian way, easement, or other right-of-way:
A. Grade and fill to approved grade, and construct all
necessary grade crossings, culverts, bridges, and other
related works;
B. Construct and install all drains, drainage facilities, chan-
nel improvements, and other drainage works required to
provide adequate drainage for every lot and to protect
all lots from flood or overflow by storm or flood waters,
in accordance with the approved plans for drains and
drainage works;
C. Construct and install concrete curbs and gutters on both
sides of every street and on the proximate side of each
existing or dedicated street bordering the subdivision; if
a street is an extension of a turnaround or temporary
turnaround, the bulbed portion shall be removed and the
required improvements installed;
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(San Bernardino 1()'82)
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SUBDIVISIONS
D. Install or provide for the installation of all sewer mains,
including dry sewers when required by the Department of
Public Works, and all utilities, utility lin~s and appurte-
nances, including water mains, fire hydrants, gas mains,
and all laterals required to serve each lot, telephone and
electric lines, and all appurtenant equipment. When such
facilities are located in a street, laterals shall be laid to the
property line of each lot. All required facilities installed
in a street shall be laid before the street is paved, and
shall extend at least to the subdivision boundary;
E. Relocate or provide for the relocation of any under-
ground or overhead utility, including irrigation lines,
the relocation of which is necessitated by development
of the subdivision;
F. Install asphalt concrete pavement, base material, and seal
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(San Bernardino 10-82)
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IMPRdvEMENTS
coat in all existing or dedicated streets and alleys or
portions thereof;
G. Install concrete sidewalks adjacent to the right-!>f-way line
except where this requirement is specifically waived; install
concrete driveway approaches, and install concrete pave-
ment for pedestrian ways;
H. Plant or provide for the planting of trees of the variety,
size, and condition prescribed by the park and recreation
department in accordance with the approved plans and
specifications therefor which shall include an approved
watering system; remove, and where required by the park
and recreation department, transplant designated trees that
are located in the line of construction of improvements;
provide maintenance for all trees and landscaped areas until
the same are accepted by the city;
1. Install or provide for the installation of street lights of
approved design and illumination intensity in the locations
and manner approved by the director of public works/city
engineer;
J. Install all required street signs including street name signs,
warning signs, and regulatory signs where required;
K. Construct and install street barricades where required;
L. Where any boundary line of a subdivision is adjacent to or
across a public street, alley or pedestrian way from an
open and unfenced canal, stonn channel, railroad, quarry,
airport, or other hazardous facility, or adjacent to
unimproved land capable of division or development, con-
struct a six-foot chain link fence or masonry wall along
such subdivision boundary line, or construct the equivalent
length of fence or wall along the nearest right-of-way line
of such canal, channel, railroad, airport, or other hazardous
facility;
M, Construct such acceleration and deceleration lanes and
traffic channelization devices in streets as are deemed
necessary by the department of public works to control
traffic;
N. Utility r es, Wh~eqUire~inclUding, ~t not ~'mited to, _ . J _..J ,
electrical, eleph e, cabl television, and st eet light ~
service lines provi ' g servic to all new roperty evelop- ill C 11-. a:a:;,~)u"'-
ments shall be pia ed unde ground. Tile subdi 'der is r--
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for complying with' the requirement~ of this
he shall make the n essary arrangem~ts with
utility companies fo the installation f such
facilities. r the purpose of is subsection, rface-
mounted tr sformers, pedestal- unted terminal boxes
and meter ca inets, ducts, street Ii hting or signal c ntrol
cabinets, and ther associated equip ent in an under und
system may placed above groun . The public ut ilies
director may aive the requirements of this subsecti if
topographic co ditions, soil or any 0 er conditions m ke
such undergro d installation unreaso ble or impracti I;
a written justifi ation for any such wai r shall be prepar d
and kept on file.
This subsecti n shall not apply to t ephone transmis
sion lines or elect' c transmission lines or ther lines which
do not provide se ce to the area being subdivided;
O. All work and i provements contemplated by and
performed under the provbions of this title shall be
accomplished so as to minimize interference with and
coordinate with other construction activities or develop-
ments of or on behalf of the city and nearby private
development,
(Ord. 3847 ~ 11.60, 1979.)
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18.44.080 Frontage road requirements,
\\here a limited access design is required for a highway,
and to accomplish this purpose a frontage road is provided, the
frontage road and the adjacent highway shall be improved in
accordance with the provisions of Section 18,44.070, with the
following additions and modifications:
A. Street lights shall be required on the frontage road only.
B. Additional pavement shall not be required on the highway
when the highway is already improved with twenty-four
or more feet of pavement. Where the highway is i/llproved
to the required grade and elevation, but the pavement is
less than twenty-four feet in width, the subdivider shall
install only the additional pavement necessary to provide
a minimum total of twenty-four feet of roadway pavement.
Where the pavement is not to the required grade ~nd eleva-
tion, the subdivider shall remove the pavement and install
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IMPROVEMENTS
not less than twenty-four feet of pavement to the required
grade and elevation, one-half of the cost of replacing the
existing paving shall be at the expense of the city and the
remainder shall be at the expense of the subdivider,
C, Full improvement of the sections connecting the highway
and the local streets within the subdivision in accordance
with the specifications of the department of public works
shall be required. These improvements shall include any
and all improvements on the highway deemed necessary
by the director of public works/city engineer in order to
provide for adequate entrances to and exits from the sub-
division,
D, Provide a planting strip between the frontage road and its
adjacent highway which shall contain trees, shrubs, ground
cover and an automatic irrigation system as approved by
the park and recreation director.
(Ord. 3847 ~ I 1.70,1979.)' -"
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18.44.090 Reverse frontage and side-on lots.
Where a limited access design is required for a highway,
and to accomplish this purpose, reverse or side frontage lots
bordering the highway are provided, the highway shall be
improved in accordance with the provisions of Section
18.44.070 and the requirements of the public works director/
city engineer and with the following additions and modifica-
tions:
A, Full improvement of the sections connecting the highway
and the local streets within the subdivision in accordance
with the specifications of the engineering division shall be
required, These improvements shall include any and all
improvements on the highway deemed necessary by the
public works director/city engineer in order to provide
for adequate entrances to and exits from the subdivision.
B. A masonry wall shall be constructed of a design, material
and color approved by the planning director, fOllowing
review by the commission, adjacent to the rear or side
property line of the lots backing up to or siding on the
highway or other location as may be required by the public
works director/city engineer. Such wall shall not be less
than six feet in height and shall be uniform in design,
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