ORD 042 ORDINANCE NO. 42
AN ORDINANCE OF THE CITY COUNCIL OF THE CiTY OF
LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA
BUILDING CODE BY REQUIRING THAT WIRES AND ASSO-
CIATED STRUCTURES IN NEW CONSTRUCTION GENERALLY
BE .INSTALLED UNDERGROUND.
The city council of the City of La Quinta, California, does ordain
as follows:
SECTION 1. The National Electrical Code, 1981, referred to as part,
of the La Quinta Building Code in Section 8.04.020 of the La Quinta
Municipal Code, hereby is amended by adding a new Article to Chapter 1
of said Electrical Code, to be numbered "Article 120" and reading as
follows:
Article 120
UNDERGROUND WIRES
Sections:
120-1 Declaration of cause, necessity.
120-2 Definitions.
120-3 Prohibition.
120-4 Exceptions.
120-5 Initial obligation.
120-6 Waiver.
120-7 Appeals.
120-8 Nonconformance-Termination.
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 (SSE) has delineated
portions of La Quinta as having a high potential for liquifaction, based
on a shallow ground water table generally less than thirty 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 liquifaction 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.
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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 accept-
able 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.
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, place-
ment 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 ser-
vices provided thereby to be interrupted, the uninterrupted 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 resi-
dents 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:
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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. "Polest wires and associated structures" mean poles, towerst
supports, wires, crossarms, braces, transformerst insulators, cutouts,
switches, communication circuits, appliances, attachments and appurtenances
used in whole or in part for supplying, distributing or transmitting elec-
tric energy, radio signals, television signals, telegraphic signals and
providing telephone, electrical, light, radio, television, telegraphic 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 dis-
tributing 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 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 circumstances
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 facili-
ties, 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 under-
ground 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 require-
ments of this code, including its building code, electrical code and
zoning regulations;
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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 diffi-
culties and unnecessary hardship to him or the public in general due to
certain topographical conditions, street configurations, underground
obstacles, soil, water or other natural conditions which would make the
underground installation of utility facilities unreasonable, said person
may apply in writing to the city council for a waiver of such provision
of this Article. Said application shall be filed with the city clerk and
the city council shall consider said application no later than thirty 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 appli-
cation 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 days after it has concluded its considera-
tion thereof. The decision of the city council shall be final.
120-7 Appeals. Any aggrieved person, including a property owner
or utility, may appeal any decision by the city's principal planning or
building official under this Article to the city council by filing a
written notice of appeal with the city clerk no later than ten days after
the official's decision. Said notice of appeal shall clearly state the
appellant's contentions as to how the official made an improper or in-
correct decision. Upon timely filing of a written notice of appeal, the
city council shall consider such and take action thereon within a reason-
able time after the notice of appeal has been filed. The city council
shall hear the appellant and any evidence he wishes to produce in support
of his appeal, and shall hear the official and any evidence he wishes to
submit in support of his decision. The city council may hear and consider
other evidence. The city council's action on said appeal may be by motion
and shall be final.
120-8 Nonconformance-Termination. Any utility facility, which is
not in conformity with the provision of this Article as of the effective
date of this ordinance, shall be considered nonconforming and may continue
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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 more the cost of replacing said building or structure prior to its
enlargement or the addition thereto, all utility facilities which pro-
vide service to such building or structure, as described in the aforesaid
proviso 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 city's principal planning or building official
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.
SECTION 2. The City Clerk shall forward directly to the California
Department of Housing and Community Development for filing therewith, a
certified copy of this ordinance.
SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 4. POSTING. The City Clerk shall within 15 days after
passage of this ordinance, cause it to be posted in at least the 3
public places designated by resolution of the City Council; shall
certify to the adoption and posting of this ordinance; and shall cause
this ordinance and its certification, together with proof of posting,
to be entered in the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of
the City Council held on this 15th day of November , 1983, by the
following vote:
AYES: Council Members Allen, Henderson, Wolff and Mayor Baier.
NOES: None.
ABSENT: Council Member Cox.
MAYOR
ATTEST:
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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" STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, FRANK M. USHEr, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 42 which was adopted at a
regular meeting held on the 15th day of [10vember
1983, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
city of La Quinta, california