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HomeMy WebLinkAbout1976-09-07; City Council; 3759; Place Existing Utilities UndergroundCITY OF 'CARLSBAD AGENDA BILL initial • , DATE: Dept. Hd.�p? DEPARTMENT:— Engineering C. Atty. __C. Mgr. Sub�eCt' AMENDMENT TO TITLE 20 THAT PROVIDES FOR REVISIONS TO THE REQUIREMENT FOR EXISTING UTILITIES TO BE PLACED UNDERGROUND Statement of the Matter The Subdivision Ordinance, passed and adopted April 1, 1975, requires that all new and existing utility distribution facilities be placed underground when property is subdivided. In the meantime, staff experience, developer feedback, any results of agency surveys, indicate a need to revise this legal requirement in some cases where smaller scope sub- divisions contain existing utilities (see attached staff report) . EXHIBITS: 1.1"' Staff Report 7^ 2. � Ordinance No. r "MIMENDATION: If the Council concurs, Ordinance Nr_.��ZZ should be introduced. Council Action: 9-7-76 Ordinance No. 704:4 was introduced for a first reading. 9-21-76 Ordinance No. 7044, amending Title 20 of the CMC by the amendment subseciton 20.16.040 (d) to revise the requirements for the Under -of grounding of Utilities, was given a second reading and adopted. MEMORANDUM - August 31, 1976 TO: City Yanager FROM: City Engineer SUBJECT: RBVISION OF SUBDIVISION ORDINANCE - UNDERGROUND UTILITIES The subdivision improvements required by the City's Subdivision Ordinance includes placement of new and existing utilities under- ground. A need for revision of the Subdivision Ordinance to waive. the requirement for placement of some existing utilities underground has been illustrated in the following ways: 1. AGENCY SURVEY - Only six of the 85 cities respcnding to a City of Upland survey require existing lines to be placed underground as a condition of new development. Carlsbad is one of them. See Attachment A. 2. DEVELOPER FEEDBACK - Property owners and developers, processing minor subdivisions, have questioned the expense of undergrounding utilities since it can often cost more per foot than the other public improvements combined when done in short lengths. Even when expenditures are postponed by the execution of a lien contract agreement for future public im- provements, owners have been concerned that t,ie high item in the document would seem too great a liability to a potential buyer. Michael Straub, a local con- tractor, has been involved in several such situations recently. Attachment B is his appeal to revise the requirement. 3. STAFF EXPERIENCE - Since the Subdivision Ordinance was adopted on April 1, 1975, the Current Development Section has had difficulty implementing this requirement for subdivisions. These projects, mostly within the built- up sections of Carlsbad, are often at midblock or where overhead services run to buildings across the street, where undergrounding is either too expensive or too complicated. Staff lacks the expertise to make reasonably accurate cost estimates for future agreements for the minor subdivisions where the undergrounding can be post- poned. And, if the case were a major subdivision (5 or more lots) the postponement by future agreement cannot occur at all. i MEMO to City Manager I'Z August 31, 1976 It is recommended then, that the requirement for underground placement of existing utilities be waived for all but those major and minor subdivisions of large-scale, where the benefit will balance the cost of undergrounding. A suggested method is to separate new and existing utilities in the ordinance and provide exceptions where the subdivision is small-scale; for example, when the street frontage is less than 600 feet, or when the immediate conversion is complicated (other customers being served by existing overhead lines). These exceptional subdivisions should still be committed to future participation in underground placement of power and telephone lines, so it is also proposed that a provision be included in the ordinance that the subdivider execute a cove- nant not to oppose a local improvement district for underground placement of utilities in cases where that requirement is not a part of the subdivision. The covenant should not have the same stigma as the lien contract agreement for future public improvements since it will imply a general future involvement but not an itemized, agreed upon monetary commitment which may be disproportionately high. It is also suggested that a sentence be adde to require all new utility services (for new be placed underground to facilitate utility ' future improvement districts. 44F�g n City Ener TCF: DCG: ms Attachments (2) d to the ordinance and old lots) to undergrounding by CITY OF UPLAND " ae Ci1!l o/ 0aclous ,Ch'&q„ 460 No. Euclid Ave. P. 0. Box 460 E I V E D Upland, California 91786 (714) 982-1352 1 �g�;; March 8, 1976 CITYiEnQln a DeRattmevit Dear Sir: Subject: Underground Utilities Survey The City of Upland has completed its survey on the number of cities requiring developers to provide and pay for the tindergrounding of existing power lines up to and including 12 KVA lines that abut their developments. One hundred cities received the inquiry; eighty-five cities replied. The results are as follows: 79 cities indicated they do not require these existing power lines to be placed underground by the developer. 6 cities do require these lines be placed underground as a condition of new development. Following is a list of those cities who have such a requirement: Chula Vista Corona Carlsbad Haywood` Concord San Diego frwith some reservations CITY OF UPLAND FRED C. BLANCHARD City Engineer 'yT1'ACNMENT A Straub canow M�t Paul D. Bussey, City Manager City of Carlsbad 1200 am Avenue Carlsbad, CA 92008 osl ftwo E. Re: Subdivision Ordinance Sec. Dear Mr. Bussey: f Pebruary 17, 1976 20.16.040, Subsection d, "Undergrounding of Utilities" The requirements of the above section of the subdivision or applied in the existing City can run counter to ordinance When recommendation that as a deterent to sprawl, the Housing Element already developed portions of the Ci p 4WL, 1nf'lling of areas within undergrounding short sections of exist should occur' The expense of itively expensive. This requirement will make m ssion•.systems is prohib_ within the existing City unfeasible more subdivisions ate amount of street frontage. ' particula_r1y those with a disportion_ Unless the existing overhead wires of substantial sections of the City are all undergrounded, the skyline will not be noticeably ch opinion, the negligible visual improvement of undergroundnged. In mo say several hundred feet or a block, does not justify the t emendousycons' investment required. We should use our resources more effectively. I -suggest that this section of the ordinance be brought u and recommendations of both the public and the utility P for discussion the desired results are obtained in major develo me companies so that the use of land within the existing City. nts co without detez-1ng Sincerely la% _ Michael Straub i_� IYED•t� tea `. �.� �t� �, F CIiY OF CDe�aramDt EngineerinE-, p 9,mwal contractor • license no. 300125 • 3360 monroe street n.o. box 1306 m earlch�rl ratiin.ni, q�nmo rout •,.... . 1 2 3 4 51 6 7 10 11 0 12 d °' 13 ci U rn n 0 14 a 'a U. 15 U. } W W-8e 16 LO a7 '> a 00 a 17 CU 18I 19. 20 21' 22 23 24 25 26 27 28 M-0 ORDINANCE NO. 7044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUB- SECTION 20.16.040 (d) TO REVISE THE REQUIREMENTS FOR THE UNDERGROUNDING OF UTILITIES The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 20, Chapter 20.16 is hereby amended by the amendment of Subsection 20.16.040 (d) to read as follows: "20.16.040 (d) All new utility distribution facilities, including cable television conduit and lines within the boundaries of any new subdivision or within the half -street abutting a new subdivision shall be placed underground. All existing utility distribution facilities shall be placed underground within the boundaries of any new subdivision or within any half -street abutting any new subdivision except where the existing facilities within any single half -street section abutting the new subdivision span a distance of less than 600 feet, or where it is determined by the City Engineer that it is not practicable to place the exis- ting facilities underground within any single half -street section due to the existence of overhead utility services to properties on the opposite side of that half -street section, in which cases the subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underg placement of utilities. In developments where overhead utility distribution facili- ties are allowed to remain, all new services to existing lots and lots created according to the provisions of this Title shall be installed underground from the nearest utility pole. K. �f 5 6 7 8 9 101 11 0 12 Q co J 17 CC Q 0 U)¢ 14 O Oo �Z Z wcc 2 � .0 15 m V 5 Q LL wU WzBo 16 co zo�0 17 ya a U 18 19 20 21 22 23 24 25 •26 27 28 The subdivider is responsible for complying with the requirements of this subsection, and he shall ivake the necessary arrangements with each of the serving utilities, including franchised cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground, subject to approval of the City Engineer as to type and location. The provisions of this subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of thirty --four thousand five hundred volts and long-distance and trunk communi- cation facilities. The installation of cable television lines may be waived when, in the opinion of the City Council, no fran- chised cable television operator is found to be willing and able to install cable television lines in the subdivision. Notwith- standing any such waiver, the installation of cable television conduits is required." EFFECTIVE DATE: The ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least: once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a.regular meeting of the Carlsbad City Council held on the 7th day of September , 1976, and thereafter XX XX 9 Lt. Z PASSED, APPROVED AND ADOPTED at a regular meeting of: said 2 Council held on the 21st day of .._ September , 1976, by the 3 following vote, to wit: 4 AXES: Councilmen Frazee, Lewis, Skotnicki, and Packard. 5 NOES: None. 6 ABSENT: Councilwoman Casler. 7 ti >; R BERT C. FRAZEE, MayorO ATTEST: :.; 10 11 � r�•t__c� i Z2 MARGARET E. ADAMS, City Clerk Q NORA K. GARDINER, Deputy City Clerk 0 a 13 (SEAL) OLL wQ 14 m { LL U 15 'r w zW 8d 16 � m 17 U 18 �' U ' 19 20 21 22 23 e 24 26 26 27 28 3.