WUW 1998-001kj•
City of La Quinta
Community Development Department
78-495 Calle Tampico
La Quinta, California 92253
(760) 777-7125 FAX: (760) 777-7155
OFFICE USE ONLY
Case No. Wulia q$— CO I
Date Recvd. ( I D (446
Fee: ✓loth
Related Apps.:
APPLICATION FOR WAIVER TO UNDERGROUND WIRING
REQUIREMENTS
UNDERGROUND WAIVER applications are reviewed and approved as a business item by .the City Council
pursuant to Section 8.03.020 (120-6), of the Municipal Code. The purpose of the review is to ensure that the
waiving of the underground requirements for poles, utility wires, and associated structures is only allowed in cases
where practical difficulties and unnecessary hardships exist due to certain topographic conditions, street
configurations, underground obstacle, soil, water, or other natural conditions.
APPLICANT RiGnGiV21- 4 VV\GtrGL
(Print)
MAILING ADDRESS 6a- (pa.5 ' - aldVAIE.
CITY, STATE, ZIP: Q (-I ► ✓ t..
PROPERTY OWNER (If different): 6a_ yka--
MAILING ADDRESS:
CITY, STATE, ZIP:
(Print)
Phone No. 6 (0 4 - &,'-- I Cp
Fax No.
Phone No.
Fax No.
PROJECT LOCATION: n I n
WAIVER IS FOR: I Vh I Vlll - L4V) G €-r 1rr t vim. MI O-6 Caow-cA, L1 ►�S -�rovv�
inou -tn w-rr\ f •
SUBSTANTIATION TO SUPPORT WAIVER: - q
(attach sheets if needed)
LEGAL DESCRIPTION (LOT &TRACT OR A.P.N.):
P:\stan\masterform-u.g.wiring waiver
Application for waiver to underground Wiling iequirements
MINIMUM SUBMISSION REQUIREMENTS:
Seven copies of site plan (drawn to.scale) showing all improvements (house, driveway, pool, etc.), including
location of wires, poles, etc. in question. If plans are larger than 117 x 17", fold plans to 8" x 11".
NAME OF APPLICANT gonA V d M v -t
(Please Print)
SIGNATURE OF APPLICANT 52- ct,A. Lojal.
NAME OF PROPERTY OWNER
DATE el l0 lGi
(Please Print)
SIGNATURE OF PROPERTY OWNER(S)
IF NOT SAME AS APPLICANT: S
DATE
DATE.
(Separate written authority by owner to submit application may be provided)
I hereby acknowledge that this application will not be considered complete until I have submitted all required
documentation and have been notified in writing from the Community Development Department, within thirty (30)
days of submission, that the application is complete. I hereby certify that all information contained in this
application, including all plans and materials required by the City.'s application. submission requirements, is, to .the
best of my knowledge, true and correct. FALSE OR MISLEADING INFORMATION GIVEN IN THIS
APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. I hereby grant the City authority to
enter onto the property to conduct site inspections and to post required public notices.
Page 2.
P:\stan\masterform-u.g.wiring waiver
4 4aubitai
FILE COPY
78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 — (760) 777-7000
FAX (760) 777-7101
TDD (760) 777-1227
September 17, 1998
Mr. and Mrs. Richard Pierce
52-625 Avenida Alvarado
La Quinta, Calif. 92253
SUBJECT: Waiver of underground utility requirements (WUW 98-001)
Dear Mr. and Mrs. Pierce,
The City Council at its meeting of September •15, 1998, approved your request to
waive the requirement to underground your utility lines in your backyard between your
residence arid_ power pole. Please apply to the Building and Safety Department to
obtain a building permit to replace your electrical service box.
Should you have any questions, please call me at (760) 777-7064.
• Very truly yours,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
t&M , 12, S6titArrA.
STAN B. SAWA
Principal Planner
sbs
c: Mark -Harold —Building and Safety -Department
Greg Butler, Building and Safety Department
c:Utr app wuw 98-001
MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253
COUNCIL/RDA MEETING DATE:
ITEM TITLE:
4Qditreu FILE COPY
September 15, 1998
Consideration of a waiver of the underground utilities
(WUW 98-001) requirement between the house and -
power pole for the residence located at 52-625 Avenida
Alvarado. Applicant: Richard and Marcia Pierce
AGENDA CATEGORY:
BUSINESS SESSION: Z
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Deny the request to waive the requirement to underground service utility lines.
FISCAL IMPLICATIONS:
None
BACKGROUND AND OVERVIEW:
General:
The applicant will be replacing his electrical service panel on the rear of his residence
in the Cove area of the City. The existing panel was damaged sometime in the past
and is not fully functional and may cause electrical problems. The residence has a rear
yard setback of approximately 15 feet.
Under Municipal Code Section 8.03,020 (120-7), replacement of the service panel
requires undergrounding of theutility service lines between the residence and main
utility lines which run along the rear of the residence (Attachment 1). This is required
so as to preserve and protect the health, safety, and welfare of the residents. Findings
are made in the Municipal Code that above ground wiring. is a hazard due to potential,
for seismic damage, electrocution, and failure due to 'exposure to the elements.
• Additionally, they are a visual blight on the natural beauty and aesthetic environment
of the City.
Waiver Request:
The applicant has requested a waiver of the requirement to underground the service
utility lines under Municipal Code Section 8.30.020 (120-6). This section allows the
City Council to grant a waiver if undergrounding is impractical and will cause practical
difficulties and unnecessary hardship to the applicant or the public due to certain
p:\stan\cc rpt wuw 98-001.wpd
J
i t Ia
•
,topographical conditions, street configurations, underground obstacles, soil, water, or
other natural conditions. The applicant is claiming hardship based on the topographical
,conditionsi'in his rear yard. The attached letter from. Mr. Pierce explains his position
(Attachment 2).
FINDINGS'AND ALTERNATIVES:
In order to waive the undergrounding requirement, the City Council must make the
finding that to require the undergrounding of the lines would be unreasonable,
impractical, and cause undue hardship to the applicant or the general public.. Mr...
Pierce, as noted in the previous paragraph, has provided the reasons he feels the
findings can be met.
The Building and Safety Department indicates that approximately 12 times a year for
the same or similar reasons in the Cove area, people are required to underground
utility lines. To date, waiver of this requirement has not been granted nor requested
because ofthe.potential hazard to the health, safety, and general welfare of the public..
The Building and Safety Department states that others have complied with this
requirement, many in cases where the undergrounding situation was similar "or more "
difficult. ,Therefore, it is recommended that this requirement not be waived.
Alternatives available to the City Council are as follows:'
1. Approve the request to waiver the undergounding of the service utility lines,
subject to any conditions deemed necessary to protect and preserve the public
health, safety, and general welfare.
2. Deny the request because there are no practical difficulties, or unnecessary
hardships.
3. Continue request for further, consideration.
erman, ommunity Development Director
chments:
Municipal Code Section 8.30.010.
2. Letterfrom applicant dated August 7, 1998
3. Photographs of rear yard of subject property.
p:\stan\cc rpt wuw 98-001.wpd
ATTACHMENTS
8.03.010
ATTACHMENT 1
Sections:
8. .010
8.0 020
8.03. i 30
8.03. ' 0
8.03.010
Certain d
the National F
from the use of e
Electrical Code, 1
development dep
Chapter 8.03
ELECTRICAL CODE
Adoption of National Electrical Code.
Underground wires.
Minimum size of conductor.
Telephone jacks and television cable outlets.
doption of National Electrical Code.
uments marked and designated as the "National Electrical Code, 1993 Edition," published by
tection Association, are adopted for safeguarding persons and property from hazards arising
ctricity. Each and all of the regulations, provisions, conditions, and terms of such "National
3 Edition," published by the National Fire Protection Association, on file in the community
ent, are referred to and made a part of this code as if fully set out in this chapter. (Ord.
, 1995: Ord. 208 § 2 (part), 1992; Ord. 114 § 1 (part), 1987; Ord. 68 § 1 (part), 1985)
r.mil 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 hazard 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 9-96)
174
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 substantiallyreduce 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
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 CO 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
175
•d 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 following poles, wires and
associated structures (in this Article referred to collectively as "utility facilities") under the circum-
stances as hereinafter described:
(a) Utility facilities 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
176
8.03.020
which is immediately
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. A l • Him, conductor.
S • ' on 310-5 of the Uniform Electrical Code is amended to restrict the use of aluminum conductor to
feed in electrical panels or sub -panels. The aluminum conductor shall have a minimum size of 1/0. (Ord.
68 § 1 (p • 1985)
8.03.040 T ephone jacks and television cable outlets.
The followshall be added as a new article to Chapter 8 of the National Electrical Code:
840-1 Req
jacks according t
ents. All new residences shall be pre -wired for television cable outlets and telephone
e following: e80.1 ,0-1 n
(a) To provide telephone jacks in all habitable rooms in a dwelling unit. Exception: Dining area
jacent to a kitchen or living room.
(b) To provide for to • vision cable outlets in all habitable rooms in a dwelling unit. Exception: Kitchens
and dining areas.
840-2 Definitions.
(a) 'Pre -wire" is the install • • n of wires within a structure at the time of construction in such a manner
as to be rendered inaccessible by e structure or finish of the building except at required. outlets.
(Ord. 98 § 1, 1986)
177.
(La Qwcta 9-%)
•
i..
•
ATTACHMENT 2
August 7, 1998
City Of La Quinta
Community Development Department
Dear Sir/Madam,
Richard and Marcia Pierce of 52-625 Avenida Alvarado, La Quinta, request a waiver of
City Ordinance section 8.03.020 on the grounds that it will cause undue hardship to put
our main electrical service wires underground.
It would require us to remove and replace a portion of the sidewalk behind our house,
remove a portion of stucco and cut into the foundation of the house in order to place 2"
conduit for wire. To reach junction box located in the back yard of the house behind us
(facing Avenida Rubio) we will have to dig down a total of 7'; 4' to reach grade on our
property then additional 3' on our side to comply with code. At the same time we will
have to go under an existing block wall.that has a 2'8"W by 2'D footing.
It will cost between $1000 and $1500 to comply with this building code. We are not
upgrading the 200 Amp. box, just replacing it with like box due to the fact that the right
,side of the box has overheated sometime in the past. this was brought to our attention
when we replaced our A/C unit. We were told we need to take care of this problem as
soon as possible to avoid burning out our electrical appliances.
We contacted Charles H. Legaspi of Imperial Irrigation District who told me to apply for
a waiver under topographical conditions. We have attached a diagram.
Sincerely,
Richard L. Pierce
Marcia J. Pierce
s&tf
FOECE V
fl AUG 10 1998
. CITY OF LAQUINTA
PLANNING DEPARTMENT
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August 14, 1998
Mr. and Mrs. Richard Pierce
52-625 Avenida Alvarado
La Quinta, Calif. 92253
4 4aditrad
FILE COPY
78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 - (760) 777-7000
FAX (760) 777-7101
TDD (760) 777-1227
. SUBJECT: Waiver of underground utility requirements (WUD0(98=001)
Dear Mr. and Mrs. Pierce,
We are in receipt of your application to waive the requirement to underground your
,power line in your rear yard. Your application was not filed in time to be placed on the
City Council agenda of August 18, 1998. Therefore, we have scheduled it -for the next
meeting after that which is September 15, 1998, at 3:00 P.M., in the City Hall Council
Chamber. Normally, there would be a meeting on September 1., ' However,, this
meeting has been .canceled. Please plan on attending this meeting to answer any
questions that arise. Prior to the meeting a copy of the staff report will be sent to you.
Should you have any questions, please call me at (760) 777-7064.
Very truly yours,
JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
�cx-g.a/wa
STAN B. SAWA
Principal Planner
sbs
.c: Building and Safety Department
c:\Itr wuw 98-001
MAILING ADDRESS — P.O. BOX 1504 — LA QUINTA, CALIFORNIA 92253
August 7, 1998
City Of La Quinta
Community Development Department
Dear. Sir/Madam,
Richard and Marcia Pierce of 52-625 Avenida Alvarado, La Quinta, request a waiver of
City Ordinance section 8.03.020 on the grounds that it will cause undue hardship to put
our main electrical service wires underground.
It would require us .to remove and replace a portion of the sidewalk behind our house,
remove a portion of stucco and cut into the foundation of the house in order to place 2"
conduit for wire. To reach junction box located in the back yard of the house behind us
(facing Avenida Rubio) we will have to dig down a total of 7'; 4' to reach grade on our.
property then additional 3' on our side to comply with code. At the same time we will
have to go under an existing block wall that has a 2'8"W by 2'D footing.
It will cost between $1000 and $1500 to comply with this building code. We are not
upgrading the 200 Amp. box, just replacing it with like box due to the fact that the right
side of the box has overheated sometime in the past. this was brought to our attention
when we replaced our A/C unit. We were told we need to take care of this problem as
soon as possible to avoid burning out our electrical appliances.
We contacted Charles H. Legaspi of Imperial Irrigation District who told me to apply for
a waiver under topographical conditions. We have attached a diagram.
Sincerely,
GArILAJJ-
Richard L. Pierce
Marcia J. Pierce
5404—cite
FCIRV
AUG 101998
CITY OF LAQUINTA
PLANNING DEPARTMENT
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8.03.010 '-
Sections:
8.03.010
8.03.020
8.03.030'
8.03.040
Chapter 8.03
ELECTRICAL CODE
Adoption of National Electrical Code.
Underground wires.
Minimum size of conductor.
Telephone jacks and television cable outlets.
8.03.010 , Adoption of National Electrical Code.
Certain documents marked and designated as the "National Electrical Code, 1993 Edition," published by
the National Fire Protection Association,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 "National
Electrical Code, 1993 Edition," published by the National Fire Protection Association, on file in the community
development department, are referred to and made a part of this code as if fully set out in this chapter. (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 hazard 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 9-96)
174
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 throughfires 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 ofsuch 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
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,.tbey 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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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 following 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:
840-1 Requirements. All new residences shall be pre -wired for television cable outlets and.telephone
jacks according to the following: t t=8t? l;. ors c y
(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)
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(La Quinta 9-96)
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