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WUW 2013-004V' • FINANCE City of La Quinta Revenue Code 4g" Community Development Department 78-495 Ca1.le Tampico La Quinta, California 92253 (760) 777-7125 FAX: (760) 777-7155 • 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. 4! 4. + • + APPLICANT. 3.-\;.b - QD644-ct-)2.c,., (Print) MAILING ADDRESS Sk - (woo P,ve.AAAA:t 58 •Phone No. (DO CITY, STATE, ZIP: Lo Q 61)...1(-; . Fax No. 1- (PC). \ S.C1C‘61 PROPERTY OWNER (If different): • (Print) MAILING ADDRESS: Phone No. CITY, STATE, ZIP: Fax No. PROJECT LOCATION: 0 ‘`. e.• V1/45Y4-1 e"151- 33.D.A4Nat subel\--Wri WAIVER IS FOR: VOD 01/4U--04-ki 04A 0'° AiA,t) Ict•et•A \p(A)4(. (VA`D1-9-16.AASOldli SUBSTANTIATION TO SUPPORT WAIVER: IrdPS 09.A5Dk kotos-in._ --- • ‘4. iwilAckx Riot • (attach sheets if rieeded) LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): P:\stathnasterfom3-u.g.wiring waiver Application for waiver to underground wiring requirement i MINIMUM SUBMISSION REQUIREMENTS: 0 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 11" x 17", fold plans to .8" x 11". 4 + :+ 4 + b ol/g-42_o (Please Print) SIGNATURE OF APPLICANT DATE \� IJ NAME OF PROPERTY OWNER NAME OF APPLICANT (Please Print) SIGNATURE OF PROPERTY OWNER(S) IF NOT SAME AS APPLICANT: 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 iin 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:lstan\masterform-u.g.wiring waiver TAtitot 40ginfai CITY ISA / HA / FA MEETING DATE: January 21, 2014 ITEM TITLE: APPROVE A REQUEST TO WAIVE UNDERGROUND WIRING —REQUIREMENTS FOR IMPERIAL IRRIGATION DISTRICT IMPROVEMENTS AT THE MARSHALL SUBSTATION AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Approve Waiver to Underground Wiring No. 2013-004, waiving the underground .. wiring, requirements of Le Quinta Municipal Code Section 8.03.030 for overhead line improvements established by Imperial Irrigation District at the Marshall substation, subject to the findings in Exhibit A. EXECUTIVE SUMMARY: The City received a complaint from a resident in the area regarding installation of overhead power lines at the Marshall substation. • The La Quinta Municipal Code (LQMC) requires such facilities to be placed underground, but also provides a waiver request procedure where a hardship or other inability to comply can be shown. • Imperial Irrigation District (IID) contends that pre-existing in-groundwater and electrical utilities prevent undergrounding of the subject installation, and that the property owner concern has been addressed by changing the pole location. BACKGROUND/ANALYSIS: The subject electrical utility improvement consists of two, 45-foot tall poles *that suspend , electrical wiring along the east side of the Marshall substation (Attachment 1). IID installed these improvements in December 2013; a complaint received from a nearby resident prompted staff to contact IID and inform them of the undergrounding requirements. Subsequently, IID submitted a request to waive those requirements (Attachment 2). They have, also relocated the southernmost pole farther north on the substation site (Attachment 3) in response to the aforementioned resident complaint. , IID . represents that 'the property owner is in agreement with that solution. • ' •�• Staff has reviewed the request against Section.8.03.030 of the LQMC, pertaining to undergroundwiring and:the waiver request -criteria. No City permits were • needed asthe improvement is •not in •any City right-of-way. While the Coachella . . ValIey,Watel-District (CVWD) did issue an encroachment permit, it required that install .the' iwiring above ground in order to meet necessary safety clearance.. requirements for existing CVWD improvements. • ALTERNATIVES: The City Council may deny the waiver request, impose conditions or, continue consideration according to LQMC Section 8.03.030,, which'allows City •Council up • to thirty additional days to make its decision once the application has'been brought before them. Denial of ,the request would require the service be provided ,underground via a route that avoids existing CVWD improvements, which has been -identified by IID as being infeasible. • Report prepared by: Wally Nesbit, Principal Planner Report approved for submission, by: Les Johnson, ix `• Community Development Director • _°. i.. n • Attachment: , 1 - Location' Map • 2. IID Waiver Request Letter 3. Relocated Pole Photo EXHIBIT A FINDINGS OF APPROVAL WAIVER FROM UNDERGROUND WIRING 2013-004 IMPERIAL IRRIGATION DISTRICT JANUARY 21, 2014 CITY COUNCIL FINDINGS The La Quinta City Council has reviewed the Waiver request,as submitted by Imperial Irrigation District(IID) on December. 30, 2013, in regard to certain •utility improvements installed at the IID Marshall substation. In accordance with Title 8 of the La Quinta Municipal Code, Section 8.030.30, Article 120.6, the La Quinta City Council hereby makes the following findings of fact: 1. The Imperial Irrigation District did submit a request (WUW 2014-004) under Section 8.03.0.30 of the 'La Quinta Municipal Code, requesting a waiver to. the utility undergrounding'requirements of said Section `pursuant to the provisions of Article 120.6 of said Section. 2: The request was accepted by the Community Development Department, and a review of the facts and circumstances was conducted with the assistance of the La Quinta Public.Works Department. . 3. Subsequent to conducting the review, both the Community Development and Public Works Departments have recommended that the waiver request be granted. 4. Based on the recommendation of the Community Development and , Public Works Departments, the La Quinta City Council finds that the underground wiring requirements of La Quinta Municipal Code Section 8.03.030 are unreasonable, impractical and cause undue hardship to the Applicant in this case, due •to certain pre-existing underground utility improvements of the Coachella Valley Water District and the Imperial Irrigation District, which preclude the undergroundinstallation of the utility facilities in question. • • ATTACHMENT 1 LOCATION MAP WUW 2014-004 11••• •••• • 44.... • o•-3.1 4* • • •-‘, P • C 1/....=.31111Mialigis $.4 cap IA *or Awaits Ise* laemeati • ir Ms also wei 1,-3` 4.0... 4_ Chum/ &AO d lie% .2 Marmell 1611141011•12m.... • 1414 War, •••••. • • Wieg • MAK • "I 14P4 • "."•ei • •-• • bing la qUinta Ca Location of two IID poles and overhead wiring RECEIVED IMPERIAL IRRIGATION D December 30, 2013 DEC 302013 OF LA_QUINTA 81-600 AVENUE 58 • LA QUINTA, CA 92253 • www.iid.com Les Johnson, Director City of La Quinta Community Development 78-495 Calle Tampico La Quinta, CA 92253 Re: Article 120 Waiver for Marshall Substation ATTACHMENT '2 Dear Mr. Johnson: Following my conversation of December 23, 2013 with city planning officials, I am submitting this letter at their direction. In addition, I am providing you with information regarding the project and nature of our request. The main purpose for this project is to improve system reliability, operational flexibility, and balance feeder loading for the circuits in the surrounding area. This new circuit will serve as a strong backup and create ties for load transference capabilities between Marshall and La Quinta Substations. This project will also balance the existing summer loading conditions between La Quinta and Marshall Substation banks, a benefit to all La Quinta customers. The overhead construction associated with this project involves the installation of two new power distribution poles. One new 45 foot power pole on the N/E comer inside our IID existing Marshall substation, the second new 45 foot power pole that is placed away for pedestrian traffic - and the public inside La Quinta Fairways Country Club. Permitting for this work was granted by La Quinta Fairways HOA, KSL owner of golf course, and CVWD. CVWD required a permanent encroachment permit for this work in order to meet their safety clearance of 18 feet from their existing facilities. In order to meet legal requirements set by CVWD to keep safe working clearances, the encroachment permit was deeded in favor of IID installing two power poles that meet and/or exceed overhead construction standards. With respect to compliance with Article 120, the poles and wires which are constructed, placed or installed above ground are NOT a hazard to the safety and health of operators of motor • t. Les Johnson • December 30, 2013 Page 2 u . • • .4 vehicles and passengers since they, do not reduce and obstruct the vision of such operators. They further do not preclude a reasonable response time by an operator,to an emergency situation, nor are they a danger to fire suppression and prevention personnel. These poles are not located on a street, but in fact, are located within the District's Marshal Substation, where access to the public is strictly prohibited or withiri private property. • While it may be easy to conclude that undergrounding these poles is the solution, it is not. The original plan was to. underground this portion following the only route available. However IID encountered underground water facilities with regulatory restrictions that prevented us from installing our facilities via underground on this part of the circuit. In addition, the cost of breaching the massive existing energized conduit, concrete encased system and the substation grid is not only expensive but ' would require extensive construction, removal of the cables feeding the La Quinta Cove and extended outages. The nature of the utilities already in the ground beyond and inside the substation makes this risky and cost prohibitive. In addition, IID has been sensitive to a customer's comment. Recognizing that the existence of poles, wires and associated structures may interfere with the tranquility and pleasure in viewing the natural landscape of the City, IID peisonally worked with a property owner on Calle. Ultimo to relocate the pole to a furthest corner of the substation. The property owner was agreeable to this solution. a . • Therefore, in accordance with Section 6 of the Article, IID seeks a waiver from the provisions of Article 120 and asks the City to grant said waiver as the undergrounding of the wires and structures would create a hardship to IID and its ratepayers. Sincerely, GuillBar1aza Superintendent . Customer Operations &'Planning 't cc: Angela Evans, IID ' • Patrick Swarthout, IID David' Sawyer, City of La Quinta • s. • • • • ATTACHMENT 3 01►01r11I:E������7/ Ordinance No. 517 Amending Title 8 to Adopt the 2013 Callfomia Building Standards Code Adopted: December 3, 2013 Page 14 d. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter. e. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over. 9. Section 8.03.010, entitled "Adoption of the California Electrical Code" shall be amended to read as follows: Certain documents marked and designated as the "2013 California Electrical Code," " ," published by the California Building Standards Commission, are adopted for safeguarding persons and property from hazards arising from the use of electricity. , " " ens-r Each and all of the regulations, provisions, conditions and terms therein, on file with the building official are referenced and made a part hereof as if fully set out in this chapter, except.as otherwise provided in this chapter. +10: Section_8:03:020; entitled "Deletion of certain parts of the California Electrical Code" shall be :retitled "Underground wiring required." The body text shall be amended to read as follows: Article_120 of the 2013-California Electrical Code is added to read -as .follows:, ARTICLE 120 Underground Wiring Required 120.1 Scope. This article covers the general requirements for restricting the installation of above -ground electrical and other utility components in new construction, and phasing out their use in existing installations. 120.2 Definitions. See Article 100. For the purposes of this article, the following additional definitions apply. Ordinance No. 517 Amending Title 8 to Adopt the 2013 California Building Standards Code Adopted: December 3, 2013 Page 15 Community Antenna Television System (or .CATV). 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. Cost of Replacing. Those costs as computed by the Building Official or his or her designee. In making said computation, said City Official•shall use those tables and figures provided in that publication entitled "Building . Standards," as published by International Code Council, 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 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. • Poles, Wires;- and Associated Structures. 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, •te%vision signals, telegraphic signals, CATV services, or 'any similar associated services to a building or structure and the occupants thereof,•if any. 'Also referred 'to collectively in this article as "utility facilities. " - - • r Utility. All persons or entities 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 Article -120; 4,' no . person shall 'construct, install, or place above the surface of the ground any poles; wires, and associated structures, regardless 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 under the circumstances described herein: (A) 'Termination Point for Overhead' Utility Facilities.' 'Utility facilities .constructed, placed, or installed (referred to herein 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: Such utilityy facilities may be placed at a distance further thin -six feet from said lot line to enable a maximum underground run of two'hundred feet. . • 5 Ordinance No. 517 Amending Tide 8 to Adopt the 2013 California Building Standards Code Adopted: December 3, 2013 Page 16 (B) Ground -mounted Equipment.. Ground -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) Temporary Facilities. 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 conductedin compliance with all requirements of this code, -the remainder of the California Building Standards' Code, and the La Quinta Municipal Code. , (D) High Voltage ' Installations. . Utility- facilities distributing, • supplying, and transmitting electrical energy at 34,000 Volts or greater. • 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 intent of the La Quinta City- Council as to who has the primary obligation of compliance. 120.6 Waiver. If any person believes thatthe application of any provision of this • article is impractical and will cause practical difficulties •and unnecessary hardship to him or her 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 Development Department and the City Council shall consider said application no later- than thirty (301 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 Ordinance No. 517 Amending Title 8 to Adopt the 2013 California Building Standards Code Adopted: December 3, 2013 Page 17 qrant 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: Continuance and Termination. /A) Nonconformance. Any legally established utility facility not in conformity with the provision of this article as of the effective date of this ordinance shall be considered nonconforming. (8) Nonconforming Utility Facilities Not Relocated. Any nonconforming utility facility may continue to be used and may be renewed, altered, enlarged, or have additions thereto in its existing location without any provisions of this article being applicable thereto. However, when any building or structure to which any nonconforming utility facility provides any service is enlarged or an addition is made thereto where the cost of replacing said building or structure including its addition or enlargement exceeds by 50 percent the cost of replacing said building or structure prior to its enlargement or the addition thereto, all utility facilities that provide service to such building or structure, as described in the aforesaid clause, shall be caused to comply with all provisions of this article. (C) Nonconforming Utility Facilities Relocated. Whenever an existing service is relocated on nonconforming property, or a new service is established on nonconforming property, any such relocated or new service shall be caused to comply with all the provisions of this article. 11. Section 8.03.030, entitled "Underground wires" 'shall be retitled "Copper wire required." The existing body text shall be deleted in its entirety and replaced to read as follows: Section 310.10 of the California Electrical Code is amended to read as follows: 310.10 Uses Permitted. The conductors described in 310.104 shall be permitted for use in any of the wiring methods covered in Chapter 3 and as specified in their respective tables or as permitted elsewhere in this Code. However, aluminum conductors shall only be Wally Nesbit From: Wally Nesbit Sent: Thursday, December 19, 2013 4:42 PM To: Ed Wimmer - Cc: David Sawyer (Dsawyer@la-quinta.org); Les Johnson (Ljohnson@la-quinta.org); Jay Wuu Subject: IID overhead line north of Ultimo Hi Ed — on this IID overhead line, based on our underground wiring requirements I do not see where they are exempt from compliance. IID would have to request a waiver under Section 8.03.030, Article 120.6 or show why there are applicable exceptions under Article 120.4. The waiver request would be processed by Planning, although our new fee schedule does not address these waivers. We do have -An application form however. I am not sure how we came into possession of the electrical schematic plan that we were given, or who needs to be contacted at IID. The below screen shot shows a red line at the approximate location of the overhead line. What should be our course of action at this point? I.will not be back in the office until 12/30/13, so I have copied Les and David. THX 1 • irrw«• Ww Fw t•. Y..- asa+n t•µ NM! s wwnea • o-. $ rfr Wet e . ..,,.. , • e. Cn...d Go* o w.-,.. s..d a PAK..4.• s• • bing Ea quinta ca • ©'v..1.1•-.i.ers • C1l• R,w, . f:u • I•lku'E+ Wallace H. Nesbit, Principal Planner Community Development Department City of La Quinta 78495 Calle Tampico La Quinta CA 92253 Direct 760-777-7069 Fax: 760-777-7011 email: wnesbit@la-ouunta.org p 2 ECEIVED DEC 3 0 2013 IMPERIAL IRRIGATION DfTCTti 81-600 AVENUE 58 • LA QUINTA, rCA 92253 • www.iid.com December 30, 2013 Les Johnson, Director City of La Quinta Community Development 78-495 Calle Tampico La Quinta, CA 92253 Re: Article 120 Waiver for Marshall Substation Dear Mr. Johnson: Following my conversation of December 23, 2013 with city planning officials, I am submitting this letter at their direction. In addition, I am providing you with information regarding the project and nature of our request. The main purpose for this project is to improve system reliability, operational flexibility, and balance feeder loading for the circuits in the surrounding area. This new circuit will serve as a strong backup and create ties for load transference capabilities between Marshall and La Quinta. Substations. This project will also balance the existing summer loading conditions between La Quinta and Marshall Substation banks, a benefit to all La Quinta customers. The overhead construction associated with this project involves the installation of : two °new power distribution poles. One new 45 foot power pole on the N/E comer inside our. IID existing Marshall substation, the second new 45 foot power pole that is placed away for pedestrian traffic and the public inside La Quinta Fairways Country Club. Permitting for this work was granted by La Quinta Fairways HOA, KSL owner of golf course, and CVWD. CVWD required a permanent encroachment permit for this work in order to meet their safety clearance of 18 feet from their existing facilities. In order to meet legal requirements set by CVWD to keep safe working clearances, the encroachment permit was deeded in favor of IID installing 'two power. poles that meet and/or exceed overhead construction standards. With respect to compliance with Article 120, the poles and wires which are constructed, placed= or installed above ground are NOT a hazard to the safety and health of operators of motor Les Johnson December 30, 2013 Page 2 vehicles and passengers since they do not reduce and obstruct the vision of such operators. They further do not preclude a reasonable response time by an operator to an emergency situation, nor - are they a danger to fire suppression and prevention personnel: These poles are not located on a street, but in fact, are located within the District's Marshal Substation, where access to the public is strictly prohibited or within private property. While it may be easy to conclude that undergrounding these poles is the solution, it is not. The original plan was to underground this portion following the only route available. However IID encountered underground water facilities with: regulatory restrictions that prevented us from installing our facilities via underground on this part .of the circuit. In addition, the cost of breaching the massive existing energized conduit, concrete encased system and the substation grid is not onlyexpensive but would require extensive construction, removal of the cables feeding the La Quinta Cove and extended outages. The nature of the utilities already in the ground beyond and inside the substation makes this risky and cost prohibitive. In addition, IID has been sensitive to a customer's comment. Recognizing that the existence of poles, wires and associated structures may interfere with the tranquility and pleasure in viewing the natural landscape of the City, IID personally worked with a property owner on Calle Ultimo to relocate the pole to a furthest corner of the substation. The property owner was agreeable to this solution. Therefore, in accordance with Section 6 of the Article, IID seeks a waiver from the provisions of Article 120 and asks the City to grant said waiver as the undergrounding of the wires and structures would create a hardship to IID and its ratepayers. Sincerely, Guilldtnid B Superintendent Customer Operations & Planning cc: Angela Evans, IID Patrick Swarthout, IID David Sawyer, City of La Quinta