WUW 2000-002COUNCIL/RDA MEETING DATE:
JTEM TITLE:
4 4w FILE COPY
March 7, 2000
Consideration of a Request to Waive the
Requirement for Underground Electric Service Wires
at 51-640 Avenida Velascb
AGENDA CATEGORY: '
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
As deemed appropriate by the City Council.
FISCAL IMPLICATIONS:
None to the City. Added cost to the applicant to underground electrical conductors
and replace the patio is estimated to be $1,000.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Chapter 8.03 of the La Quinta Charter and Municipal Code (Attachment 1) requires
electric service panels for new construction to be served by underground conductors.
It also requires existing electric services that are relocated, or renewed to comply with
the requirement for underground service conductors.
Section 120-6 of the Chapter also contains a provision for any person who believes
this requirement causes them an undue hardship, the ability to request a waiver
through the Community Development Director. The request for. the waiver is
considered by the City Council and may be granted based on findings that enforcement
of the particular provision would cause an undue hardship to the applicant, or to the
general public.
C:\My Documents\WPDOCS\ccjh Roy Undergrounding.wpd
Mr. Brad Roy owns the property at 51-640 Avenida Velasco which is approximately
24 .years old. Recently a new service panel was installed. on an emergency basis
without first obtaining a permit. After the installation, Mr. Roy contacted the City to
obtain a permit and inspection to verify the new service was installed per the Electric
Code. It was at this time that he was informed 'of the requirement to place the
existing overhead wires underground. Mr. Roy has requested a waiver of the
requirement based on undue hardship. The request is provided as Attachment 2.
Attachments 3 and 4 are pictures of, the renewed electric service installation and the
area where the underground conductors would be located.
FINDINGS AND ALTERNATIVES:.
The alternatives .available to the City Council include:
1. Approve the request of . Mr. Brad Roy to waive the requirement of
undergrounding the electrical conductors at 51-640 Avenida Velasco, which he
claims would be unreasonable, impractical and cause undue hardship; or
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2. Do not approve' the request of Mr. B rad Roy and require the electrical
conductors to be placed underground at 51-640 Avenida Velasco;: or
Provide staff with alternative direction.
Respectfully submitted,
Jerry Herman, Com unity I evelopment Director
Approved for• submission by:
Thomas P. Genovese, City Manager
Attachments:
1. Chapter 8.03 La Quinta Municipal Code and Charter
2. Request for Waiver by Mr..,Roy
3. Picture` of back yard at 51-640 Avenida Velasco
4. Picture of back .yard at 51-640 Avenida Velasco
C:\My Documents\WPDOCS\ccjh Roy Undergrounding.wpd
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ATTACHMENT(S)
8.03.010
ATTACHMENT 1
Sections:
8.03.010
8.03.020
8.03.030
8.03.040
Chapter 8.03
ELECTRICAL CODE
Adoption of the California Electric Code.
Underground wires.
Minimum size of conductor.
Telephone jacks and television cable outlets.
8.03.010 Adoption of the California Electric Code.
Certain documents marked and designated as the "California Electric Code, 1998 Edition," published by
the California Building Standards Commission, are adopted for safeguarding persons and property from hazards
arising from the use of electricity. Each and all of the regulations, provisions, conditions, and terms of such
"California Electric Code, 1998 Edition," published by the California Building Standards Commission, on
file in the building and safety department, are referred to and made a part of this code as if fully set out in
this chapter. (Ord. 330 Exh. A(8), 1999; Ord. 276 § 2 (Exh. A) (part), 1995: Ord. 208 § 2 (part), 1992; Ord.
114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985)
8.03.020 Underground wires.
- The following shall be added as a new article to Chapter 1:
Article 120 — Underground Wires.
120-1 Declaration of Cause, Necessity. The City Council finds that the preservation and protection
of the health, safety and general welfare of the residents of this City, and the public at large, requires
that all poles, wires and associated structures, as defined in subsection (b) of Section 120-2 shall not be
constructed, placed and installed above the surface of the ground for the following reasons:
(a) Poles, wires and associated structures which are constructed above the surface of the ground are
a ha7 rd to the residents and general public in the City of La Quinta because the City is located in Seismic
Zone 4, as defined by the Uniform Building Code. Because of the proximity of the City to the San Andreas
Fault, which is eight miles northeast of La Quinta, and to lesser faults (the Banning Mission Creek and
San Jacinto Faults), the intensity of ground shaking is expected to be significantly higher than for the
general Southern California area.
The Riverside County Seismic Safety Element has delineated portions of La Quinta as having a high
potential for liquefaction, based on a shallow ground water table generally less than thirty (30) feet below
the ground surface, the presence of relatively young, poorly consolidated soils, and the very strong to
severe seismic ground shaking expected in the area. The potential for liquefaction of the underlying soils
(a "quicksand" type of ground failure caused by strong ground shaking) is considered to be possibly moderate
to locally high, depending upon the water table depth and the composition and density of the underlying
alluvial deposits.
(b) While lot sizes in the cove area of the City are considered to be legal, they were established under
standards that would not be acceptable today. The minimum square footage of dwellings in that area leaves
only a minimal amount of the lot for landscaping and recreation purposes. Overhead wires prevent
homeowners, in many cases, from using their property to its full potential. The Imperial Irrigation District
has reported occurrences of death in cases where individuals have been electrocuted while maintaining
landscaping (high trees). Because of the style of living in the desert, it is common for homeowners to
apply for permits for swimming pools. In many cases, only small pools can be installed because of the
proximity of overhead wires thus depriving property owners full use of property available to them within
the legal setback requirements.
(La Quinta 9-99)
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• 8.03.020
(c) Poles, wires and associated structures, which are constructed, placed or installed above the
surface of the ground, are a hazard to the safety and health of operators of motor vehicles and
passengers therein since they constitute encroachments which reduce and obstruct the vision of such
operators and thereby preclude a reasonable response time by an operator to an emergency situation
after noticing such. Said poles, wires and associated structures are a danger to fire suppression and
prevention personnel, who, by reason of their jobs and duties, frequently come in close proximity
thereto, particularly when using ladders, booms and cranes. The construction, placement and
installation of such wires and associated structures underground will substantially reduce said hazards.
(d) Said poles, wires and associated structures also create dangerous situations, causing death,
injuries and property damage through fires and electrocution by reason of being topped, tipped and -
otherwise displaced by uncontrolled weather elements such as rain, wind and electrical storms. Said
hazards will be substantially eliminated by the construction, placement and installation of said wires
and associated structures underground.
(e) The location of.such poles, wires and associated structures above the ground surface makes
them susceptible to damage, destruction, and being rendered inoperable by weather or human
causation. This results in services provided thereby to be interrupted, the interrupted continuation:: •
of which is vitally needed`
for the protection of the public health, _.safety .and general welfare,
particularly life saving institutions such as hospitals and fire and law enforcement communication
facilities. The construction, placement and installation of said wires and associated structures under y }
ground reduces the chances of such interruption.
(f) The existence of poles, wires and associated structures above the ground is detrimental to the
general welfare of the City by its blight on the natural beauty and aesthetic environment of the City,
and the resulting interference with the restfulness, tranquility and pleasure of City residents in viewing'
the natural landscape of the City. The underground installation, placement and construction of wires •
and associated structures will enhance and preserve the natural beauty and landscape of the City by
keeping from public view such functional, but nonaesthetic, facilities. •
120-2 Definitions. Whenever the following words or phrases are used in this Article, they shall
have the respective meanings as stated in this section in the following definitions:
(a) "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 used for the purpose of providing television .or FM .
radio service by cable or through its facilities. ..• .
(b) "Poles, Wires and Associated Structures" means poles, towers, supports, wires, crossarms,
braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments
and appurtenances used in whole or in part for supplying, distributing or transmitting electric energy,
radio signals, television signals, telegraphic signals and CATV services or any similar associated
services to a building or structure and the occupants thereof, if any.
(c) "Service" has the same meaning as said term is defined in the National Electrical Code,
including tables thereof and the Basic Electrical Regulations of the State of California.
(d) "Utility" includes all persons supplying, transmitting or distributing electrical energy and
service, radio signals, television signals, telegraphic signals, and providing telephone, electrical, light,
radio, television, telegraphic and CATV services or any similar associated services by means of poles,
wires and associated structures.
' 120-3 Prohibition. Except as provided in Section 120-4, no person shall construct, install or place
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8.03.020
above the surface of the ground any poles, wires and associated structures, irrespective of the use or
proposed use of the structure or building to be served thereby.
120-4 Exceptions. The provisions of this article shall not apply to the folloveing poles, wires and
associated structures (in this Article referred to collectively as "utility facilities") under the circum-
stances as hereinafter described:
(a) Utilityfacilities constructed, placed or installed (in this article referred to collectively as
"constructed") or proposed to be constructed within six feet of the lot line of any real property for
which service is being or intended to be provided by said utility facilities, if the sole purpose of the
construction of utility facilities is to terminate overhead utility facilities; provided, however, said utility
facilities may be placed at a distance further than six feet from said lot line to enable a maximum
underground run of two hundred feet;
(b) Surface -mounted transformers, pedestal -mounted terminal boxes, meter cabinets, concealed
ducts and other appurtenances and associated equipment, which are part of and necessary for the
operation of an underground electrical, communication, CATV, radio or telegraphic system;
(c) Utility facilities installed by .a utility for temporary purposes, including, but not limited to,
servicing building construction projects for which valid building permits have been issued by_the City,
and which uses are being or proposed to be conducted in compliance with all requirements of this
code, including its Building Code, Electrical Code and Zoning Regulations;
(d) Utility facilities which distribute, supply, and transmit thirty -four -thousand volts or greater
of electrical energy.
120-5 Initial Obligation. The owner, lessee, tenant or occupant of a building or structure or the
owner of property proposed to be developed by a building or structure has the initial obligation to
comply with all the requirements of this article, and in performance of said obligation shall make the
necessary arrangements with the appropriate utility for the installation and construction of utility
facilities so that they will be in compliance with the provisions of this article. This section is not
intended to eliminate or limit the obligation of any person, including a utility, to comply at all times
with all provisions of this article, but expresses the City Council's intent as to whom has the primary
obligation of compliance.
120-6 Waiver. If any person believes that the application of any provision of this article is
impractical and will cause practical difficulties and unnecessary hardship to him or the public in
general due to certain topographical conditions, street configurations, underground obstacle, soil,
water or other natural conditions which would make the underground installation of utility facilities
unreasonable, said person may apply in writing to the Community Development Department for a
waiver of such provision of this article. Said application shall be filed with the Community Develop-
ment Department and the City Council shall consider said application no later than thirty (30) days
thereafter, at which time it shall hear the Applicant's evidence in support of the application, the
comments and recommendations of the City's employees and officials thereon. It may hear other
parties. The City Council may grant a waiver from all or any provisions of this article after considering
a specific application therefor and after making a finding that the application of the specific provision
in question would be, unreasonable, impractical and cause undue hardship to the Applicant or the
general public. If the City Council does grant a waiver, it may impose reasonable conditions on said
grant in the interest of protecting and preserving the public health, safety and general welfare. The
City Council shall make its decision on the application no later than thirty (30) days after it has
concluded its consideration thereof. The decision of the City Council shall be final.
120-7 Nonconformance -Termination. Any utility facility, which is not in conformity with the
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8.03.020
provision of this article as of the effective date of this ordinance, shall be considered nonconforming and
may continue to be used and may be altered, enlarged, or have additions thereto in its existing location
without any provisions of this article being applicable thereto; provided, however, that when any building
or structure to which any utility facility provides any service is enlarged or an addition is made thereto
and the cost of replacing said building or structure with its addition or enlargement exceeds by fifty percent
or the cost of replacing said building or structure prior to its enlargement or the addition thereto, all utility.
facilities which provide service to such building or structure, as described in the aforesaid clause, shall
be caused to comply with all provisions of this article.
Also, ;whenever an existing electrical service is relocated or renewed on nonconforming property, or
a new service is established on nonconforming property, any such relocated, renewed or new service shall
be caused to comply with all the provisions of this article.
The term "cost of replacing," as used in this section means those costs as computed by the Community
Development Director or his delegated representative. In making said computation, said City Official shall
use those tables and figures provided in that publication entitled "Building Standards," as published by
International Conference of Building Officials, Whittier, California, and which is current at the time of
such computations. Said tables and figures shall apply to a building which would conform to all the City
and State Regulations, including the City's Building, Plumbing, Wiring, Mechanical, Fire Codes and Zoning
Regulations, which are effective at the time of the computation.
(Ord. 68 ,§ 1 (part), 1985)
8.03.030 Minimum size of conductor.
Section 310-5 of the Uniform Electrical Code is amended to restrict the use of aluminum conductor to
feed main electrical panels or sub -panels. The aluminum conductor shall have a minimum size of 1/0. (Ord.
68 § 1 (part), 1985)
8.03.040 Telephone jacks and television cable outlets. . - - .
. The following shall be added as a new article to Chapter 8 of the National Electrical Code:
. 1t
840-1 Requirements. All new residences shall be pre -wired for television cable outlets and telephone
jacks according to the following: .
(a) To provide for telephone jacks in all habitable rooms in a dwelling unit. Exception: Dining area
which is immediately adjacent to a kitchen or living room.
(b) To provide for television cable outlets in all habitable rooms in a dwelling unit. Exception: Kitchens
and dining areas.
•
840-2 Definitions.
(a) `Pre -wire" is the installation of wires within a structure at the time of construction in such a manner
as to be rendered inaccessible by the structure or finish of the building except at required outlets.
(Ord. 98 § 1, 1986)
177 •
(La Quinta 9-99)
007
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City of La Quinta
Community Development Department
Mr. Jerry Herrnan
Regarding
Permit for replacing electrical service panel.
ATTACHMENT 2
ti \\Li
F3 9 7S. f.39
CITY OF LAQUINTA
PLANNING DEPARTMENT
02/05/00
I would like to apply for a 120-6 waiwr. As the existing wires serving the panel are over head and the codes now
requier that they be run under ground. This would be an added expense that would be unnecessary hardship. This would
inwhe braking existing concrete patio deck, And installing conduit and new wires from the power pole to the service panel. l
cannot afford this added expense.
I am replacing the service panel because I have had problems it and has become a potential fire hazard..
My house is, 24 years old and things do need to be replaced from time to time. But a new ser4ce would not be
practical.
Thank you
— 51-640 Avenida Velasco
La Quinta, Ca. 92253
760-564-0776
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• ATTACHMENT 3
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ATTACHMENT 4
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City Council Minutes 15 : March 7, 2000
8. CONTINUED CONSIDERATION OF A RESOLUTION. IN SUPPORT OF THE
PROPOSED NATIONAL -MONUMENT DESIGNATION. -
Community Development Director Herman presented the staff report and stated
the latest revisions to . the 'legislation introduced on February 16, 2000, by
, Congresswoman Mary Bono as HR 3676 are contained` in the staff report.
After a brief discussion Council concurred they were not prepared to adopt a
resolution of support at this time.
11
MOTION - It was moved by Council Members Sniff/Henderson to continue the
matterof support of the proposed National Monument designation to April 4,.
2000, and direct staff to contact Congresswoman Bono's office to request a
member of her staff who is familiar with the legislation to attend the April 4
meeting to address the Council's questions and concerns. Motion carried
unanimously. MINUTE ORDER NO. 2000-49.
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u W . 9.. . CONSIDERATION OF A REQUEST TO WAIVE THE REQUIREMENT FOR
• a000 - UNDERGROUND ELECTRIC SERVICE WIRES ATf 51:640`AVENIDA VELASCO
OOP-
Community Development Director Herman presented the staff report outlining
. the request by Mr. Brad Roy.
Council:,Member Sniff questioned the frequency of. this type of request.
f 4
Building & Safety Director Hartung stated a limited numberof these requests
have been received with only:two having been presented to the Council.
Mayor Pena wished to see.this type of request handled by .staff administratively,
to which Mr., Hartung responded that it.would require an amendment to the ` l
ordinance.
MOTION - It was moved by Council Members Sniff/Henderson to approve the '
request of Mr. Brad .Roy to waive the requirement of undergrounding the
electrical conductors at .51-640 Avenida Velasco, which he claims would be
unreasonable, impractical, and cause undue hardship, and direct staff to prepare
an ordinance amendment for Council's considerationto allow.staff discretionary
authority to approve waivers of this type. Motion carried unanimously.
MINUTE ORDER NO. 2000-50. -
P.O. Box 1504
75-495-GnLLE TAM-P-Ico
LA QUINTA, CALIFORNIA 92253
March 8, 2000
Mr. Brad Roy
51-640 Avenida Velasco
La Quinta, CA 92253
SUBJECT: ELECTRICAL:UNDER GROUNDING
4,
(TDD) (760) 777-1227
Dear Mr. Roy:
The City Council on March 7, 2000, approved your request to waived the requirement
for under grounding ,of the electrical service line for your .property located at 51-640
-Avenida Velasco. Please contact the Building and Safety Department to process the
necessary building applications.
Should you have any questions, please contact Mr. Tom Hartung, or myself
Sincerely,
ERRY HERMAN
Community Development. Director
JH:bjs
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-------------ATTACHMENT 2 -.'
City of La Quinta
Community Dewlopment Department
Mr. Jerry Herman
Regarding
Permit for replacing electrical service panel.
FE3O7 af.130
CITY OF LAQUINTA
PLANNING DEPARTMENT
02/05/00
I would like to apply for.a 120-6 waher. As the existing wires serving the panel are over head and the codes now
requier that they be run under ground. This would be an added expense that would be unnecessary hardship. This would
inwlw braking existing concrete patio deck, And installing conduit and new wires from the power pole to the service panel.
cannot effort this added expense.
I am replacing the service panel because I haw had problems it andttas become a potential fire hazard.
My_house is 24 years old and things do need to be replaced from time to time. But a new service wouldnot be
practical.
Thank you
•
51-640 Avenida Velasco.
La Quinta, Ca. 92253
760-564=0776
Sunday, February OS, 2000 America Online: RoyNlklui Page: 1 '
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