Ord 1237 - ADDING ARTICLE IV (SECTIONS 32 -24 THRU 32 -28) TO CHAPTER 32 OF THE LOS GATOSORDINANCE NO. 1237
AN ORDINANCE OF THE TOWN OF LOS GATOS
ADDING ARTICLE IV (SECTIONS 32 -24 THRU
32 -28) TO CHAPTER 32 OF THE LOS GATOS
TOWN CODE, ESTABLISHING REGULATIONS AND
PROCEDURES REQUIRING THE UNDERGROUND
INSTALLATION OF WIRES AND FACILITIES FOR
THE SUPPLY AND DISTRIBUTION OF ELECTRICAL
ENERGY AND COMMUNICATION SERVICE.
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Article IV, entitled, "Requirements for Underground
Installation ", is hereby added to Chapter 32 of the Los Gatos
Town Code to read as follows:
Article IV.
Requirements for Underground Installation.
SEC. 32 -24 UNDERGROUNDING REQUIRED
The Town Council of the Town of Los Gatos does hereby
find and determine that the public interest requires that
facilities and wires for the extension of existing facilities
for the supply and distribution of electrical energy and
service, including communication service, shall be placed
underground in order to promote and preserve the health,
safety and general welfare of the public, and to assure
the orderly development of the Town of Los Gatos.
SEC. 32 -25 NEW EXTENSIONS OF UTILITY FACILITIES
It is hereby ordered by the Town Council of the Town
of Los Gatos that:
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(a) All new extensions of existing utility distribution
facilities (including, but not limited to, electric,
communication, and cable television lines), hereafter
constructed or installed in the Town of Los Gatos,
shall be placed underground.
(b) Electric and communication service wires or cables
to any new building or structure and any new
services to existing buildings which are to be
remodeled shall be placed underground unless special
permission to construct said facilities above ground
is granted, as hereinafter provided.
(c) It will be the responsibility of the applicant for
electric, communication or similar or associated
service to make the necessary arrangements with the
utility companies involved for the underground
installation of wires and facilities required for
such new extension and /or service, all in accordance
with applicable rules, regulations and tariffs of
the respective utility or utilities on file with
the California Public Utilities Commission.
SEC. 32 -2 EXCEPTIONS
The provisions of Section 32 -25 shall not apply too
(a) Any municipal equipment or facilities installed
under the supervision and to the satisfaction of
the Town Engineer.
(b) Poles, overhead wires and associated overhead
structures used for the transmission of electric
energy at nominal voltages in excess of 34,500
volts.
(c) Antennae, associated equipment and supporting
structures used by a utility for furnishing
communication services.
(d) Equipment appurtenant to underground facilities,
such as surface- mounted transformers, pedestal-
mounted terminal boxes and meter cabinets, and
concealed ducts.
(e) Temporary poles, overhead wires and associated
overhead structures used or to be used in conjunction
with construction projects, or emergency services
installed and maintained for a period not to exceed
ten (10) days.
SEC. 32 -27 WAIVE
Where the enforcement of the provisions of Section 32 -25
can be shown to be unreasonable, application for waiver of
the provisions thereof may be made in the following manner:
(a) Written application shall be filed in the same
manner and subject to the same fee requirements
as applications for Architecture and Site Approval,
as provided for in the Town Zoning Ordinance.
(b) Such application shall include all information
necessary to properly apprise the Architecture
and Site Committee of the circumstances existing
which require such waiver.
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(c) The Architecture and Site Committee shall consider
said application and, if based upon the supporting
data, finds that enforcement would be unreasonable,
may waive or modify these requirements as deemed
appropriate by the Committee.
SEC. 32 -28.
EXISTING FACILITIES
The provisions of Section 32 -25 shall not prohibit the
maintenance and operation of existing overhead facilities,
nor prohibit the connection of underground service lines to
existing overhead utility distribution equipment. A utility
may interset additional poles or other supporting structures
or increase the height of existing poles or other supporting
structures, or relocate poles generally along the existing
line, if such work takes place within the existing easements
and locational confines of existing overhead utility facilities;
and may continue to maintain, repair, replace and reinforce
any facility or structure in order to maintain the integrity
of any facility or structure existing on or before the
effective date of this ordinance.
SECTION 2.
The Town Clerk shall attest to the adoption of this ordinance.
This ordinance shall be published once in the Los Gatos Times -
Saratoga Observer, a newspaper of general circulation, printed and
published in the Town of Los Gatos, within fifteen (15) days of
its final passage, and this ordinance shall take effect thirty (30)
days following its final passage.
The foregoing Ordinance was duly and regularly introduced at
a meeting of the Town Council of the Town of Los Gatos, held on
the 2nd day of June--- 1975.
PASSED AND ADOPTED as an ordinance of the Town of Los Gatos,
California,
at a.
regular
meeting of
the
Town
Council held on the
16th day
of
June
, 1975,
by
the
following vote:
AYES: COUNCILMEN Ruth Cannon
Mark B. Di Duca
John B. Lochner
Albert B. Smith
Egon Jensen
NOES: COUNCILMEN N one
ABSENT: COUNCILMEN None
SIGNED:
ATTEST:
CLERK OF MIE T OF LOS ATOS
M'0
OWN OF LOS GATOS