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HomeMy WebLinkAbout39-City Attorney . I 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. ~~~~ 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 Aoenda ham Nn ..3r, C 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 o J ~ 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 -1- . C 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 c :) ~ 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 5/5/87 -2- C 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o ~ 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 -3- c 0 0 1 Approved as to form: 2 3 ~~) ~-~~ 4 Cit~, A torne S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 5/5/87 -4- c o o I :,) 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; I 1026.1 .. (San Bernardino 1()'82) c o o :) I 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 ~ I (San Bernardino 10-82) 1026-2 .. c o o ~ - 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-- 1027 .. c 1"', V O' SIGNS 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.) -.. 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 1028 ~ . o o :) ,:) ~ 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.)' -" C, Q~ ~ a:t1:v..)z.u~.... 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, 1029 .'