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 •,.... .
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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.
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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
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PASSED, APPROVED AND ADOPTED at a regular meeting of: said
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Council held on the 21st day of .._ September , 1976, by the
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following vote, to wit:
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AXES: Councilmen Frazee, Lewis, Skotnicki, and Packard.
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NOES: None.
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ABSENT: Councilwoman Casler.
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ti >;
R BERT C. FRAZEE, MayorO
ATTEST:
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MARGARET E. ADAMS, City Clerk
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NORA K. GARDINER, Deputy City Clerk
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