ORDINANCE NO. 653

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 3 OF TITLE 9 OF THE LIVINGSTON MUNICIPAL CODE PERTAINING TO UNDERGROUND UTILITIES

WHEREAS, the City of Livingston (“the City”) has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City, California Constitution Article XI, section 7; and

WHEREAS, the City wishes to enact regulations governing undergrounding of utilities at this time; and

WHEREAS, absent clear regulation there is a potential threat to the public peace, health, and safety, and, unless the City takes action to regulate it, the secondary impacts; and

WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating underground utilities; and

WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity which is illegal under state or federal law.

NOW THEREFORE, the City Council of the City of Livingston does hereby ordain as follows:

SECTION 1.    The above recitals are incorporated are hereby by reference.

SECTION 2.    The Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment. (CEQA Guidelines § 15061(b)(3).) It is also exempt because it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.)

SECTION 3.   Chapter 3, of Title 9, of the Livingston Municipal Code is repealed in its entirety and shall read as follows:

Chapter 3

UNDERGROUND UTILITIES

    Section 9-3-1   Underground Utilities.

Utilities serving new development shall be installed underground rather than by the use of poles and overhead lines, and where applicable shall be installed in accordance with California Public Utilities Commission rules and regulation. This requirement applies to electrical service and telecommunications (including cable TV, telephone and data transmission) connections between utility company distribution lines and all proposed structures on a site, and all new installations that distribute utilities within a site. This section does not apply to the following:

(a)   New structures on parcels of five acres or larger, or requiring uninterrupted utility runs of five hundred feet or more;

(b)   Public utility distribution service to the edge of the lot, except in an underground utility district or where seventy-five (75%) percent of the lots on the street within one thousand (1,000ft) feet of the site area already developed, and have overhead service from the utility company distribution source to the residences;

(c)   Where underground installation may cause a substantial adverse environmental impact, as determined by the City;

(d)   Temporary overhead extensions for use during construction and/or for the purpose of testing the power supply.

This section may require an applicant to underground utilities from the utility company distribution source to the site, as well as on the site itself. The utility service provider should be contacted for information on the Public Utility Commission’s rules and regulations regarding the undergrounding of utilities. Poles and overhead lines other than those allowed by this section are allowable subject to Minor Use Permit approval, provided that the City first finds that either topographical, soil or similar physical conditions or the distance to the utility company distribution source make the use of underground utilities unreasonable or impractical.

Section 9-3-2   Administrative Penalties.

(a)   The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed misdemeanors under the Livingston Municipal Code shall be as follows:

(1) First administrative citation: two hundred fifty dollars per violation;

(2) Second administrative citation: five hundred dollars per violation;

(3) Third administrative citation: one thousand dollars per violation; and

(4) One thousand dollars per violation for each subsequent administrative citation.

(b)   The administrative citation penalty for all violations of this chapter, within a rolling twelve-month period, deemed infractions under the Livingston Municipal Code shall be as follows:

(1) First administrative citation: one hundred dollars per violation;

(2) Second administrative citation: two hundred dollars per violation;

(3) Third administrative citation: five hundred dollars per violation; and

(4) Five hundred dollars per violation for each subsequent administrative citation.

SECTION 6:   EFFECTIVE DATE.

This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.

I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 2nd day of April 2024, and adopted the Ordinance after the second reading at a regular meeting held on the 16th day of April 2024, by the following roll call vote:

AYES:      Mayor Moran and Council Members Roth, Baptista-Soto, and Samra

NOES:      None

ABSTAIN:   None   

ABSENT:   Council Member Mann

ATTEST

                           Monica Cisneros, Deputy City Clerk

CITY OF LIVINGSTON

By:                    

Jose Moran, Mayor

of City of Livingston

APPROVED AS TO FORM

By:                    

Roy C. Santos, City Attorney

I, Monica Cisneros, Deputy City Clerk of the City of Livingston, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Livingston on the date and by the vote indicated herein.