12.16.030 Poles, overhead lines and associated overhead structures prohibited in underground districts.

The council finds and determines that the public interest requires that all poles, overhead lines and associated overhead structures used in supplying electric service, communications service or similar associated service to be constructed in the city of Palo Alto after July 1, 1965, shall be placed in underground locations in order to promote and preserve the health, safety and general welfare of the public and to assure the orderly development of the city of Palo Alto. The director of utilities, or designee, may authorize poles, overhead lines and associated overhead structures for new construction when the director determines that an installation in an underground location in any particular instance would not be feasible or practicable. The decision of the director is final.

(Ord. 4945 § 34, 2007: Ord. 4908 § 1, 2006: Ord. 2611 § 5, 1971: Ord. 2231 (part), 1965: prior code § 37.201)

12.16.020 Underground utility districts established.

(a) The council further finds and determines that the public interest requires that the following described areas of the city of Palo Alto as delineated with more particularity in those certain maps entitled Underground Utility District Maps*, and made a part hereof by reference, be declared to be and the same are declared to be and established as underground utility districts, and persons maintaining poles and overhead lines and associated overhead structures in such districts shall remove the same within the period of time as indicated:

(1) District No. 1. All lands fronting on Oregon Avenue - removal by September 1, 1965;

(2) District No. 2. Palo Alto Foothills Park - removal by January 1, 1967;

(3) District No. 3. Alexis Drive Area - removal by January 1, 1966;

(4) District No. 4. All lands adjacent to El Camino Real from Matadero Creek to the southerly city limits of the city of Palo Alto - removal, in the case of communication and similar or associated services, by February 1, 1968; removal, in the case of electric and similar or associated services, within one year from the date of the completion and acceptance of the proposed improvements on El Camino Real to be constructed by the state of California pursuant to that certain agreement between the state and the city dated April 18, 1967, additional notice to be given and hearing held after said completion date has been determined;

(5) District No 5. All lands within the limits of the city of Palo Alto fronting on the southwesterly side of El Camino Real between Maybell Avenue and Vista Avenue - removal by May 15, 1968;

(6) District No. 6. All lands within Green Acres Unit II and adjacent territory - removal by October 31, 1968;

(7) District No. 7. All lands within the Old Trace Road area - removal ninety days after completion and acceptance of the work;

(8) District No. 8. Not yet established;

(9) District No. 9. All lands within the West Bayshore Road Area from Chabot Terrace to Loma Verde Avenue - removal ninety days after completion and acceptance of the work;

(10) District No. 10. All lands within the Laura Lane Area from East Bayshore Road approximately four hundred forty feet northeasterly, and the Geng Road Area from Embarcadero Road northwesterly approximately six hundred ten feet - removal ninety days after completion and acceptance of the work;

(11) District No. 11. All lands within Stanford Industrial Park - removal ninety days after completion and acceptance of the work;

(12) District No. 12. All lands within the city of Palo Alto adjacent to Middlefield Road from Oregon Expressway to the southeasterly city limits - removal ninety days after completion and acceptance of the work;

(13) District No. 13. All lands within the city of Palo Alto generally fronting on California Avenue between El Camino Real and Amherst Street, and lands in Stanford industrial Park between California Avenue and Page Mill Road - removal ninety days after completion and acceptance of the work;

(14) District No. 14. All lands within the city of Palo Alto generally fronting on Embarcadero Road from East Bayshore Road northeasterly and easterly to Harbor Road, northerly in Harbor Road approximately eight hundred feet, Embarcadero Way, Faber Place and Geng Road - removal ninety days after completion and acceptance of the work;

(15) District No. 15. All lands within Green Acres I and adjacent territory - removal ninety days after completion and acceptance of the work;

(16) District No. 16. Louis Road from East Meadow Drive to a point near Loma Verde Avenue, together with properties fronting thereon which require underground service conversion - removal ninety days after completion and acceptance of the work;

(17) District No. 17. All lands within the city limits bounded by Florence Street, University Avenue, Ramona Street and Lytton Avenue, excepting the parcel at the southeasterly intersection of Florence Street and Lytton Avenue and the two parcels lying southeasterly and southwesterly thereof fronting on Florence Street and Lytton Avenue, respectively - removal ninety days after completion and acceptance of the work;

(18) District No. 18. San Antonio Avenue from near the southerly approach to the Bayshore Freeway interchange southerly to Middlefield Road - removal ninety days after completion and acceptance of the work:

(19) District No. 19. All properties fronting on both sides of Ramona Street from Forest Avenue to Homer Avenue - removal ninety days after completion and acceptance of the work;

(20) District No. 20. All lands within the area of the city bounded by Hamilton Avenue, Channing Avenue, Lincoln Avenue and Center Street;

(21) District No. 21. All lands within the area of the city fronting on Page Mill Road between El Camino Real and Birch Avenue - removal ninety days after completion and acceptance of the work;

(22) District No. 22. All lands within the area of the city of Palo Alto bounded by Cambridge Avenue, El Camino Real, Sherman Avenue and Park Boulevard - removal ninety days after completion and acceptance of the work;

(23) Reserved.

(24) District No. 24. All lands within the city bounded by Alma Street, Lytton Avenue, Ramona Street and Forest Avenue plus the area bounded by University Avenue, Bryant Street, Hamilton Avenue and Ramona Street, plus the area bounded by Cowper Street, University Avenue, Webster Street and alleyway between Cowper Street and Webster Street plus Assessment Parcel Number 120-3-68 located on Cowper Street, Assessment Parcel Number 120-27-045 located on Alma Street and Assessment Parcel Number 120-27-047 located on High Street - removal ninety days after completion and acceptance of the work;

(25) District No. 25. All lands within the city on Orme Street between Los Robles Avenue and Juana Briones School - removal ninety days after completion and acceptance of the work;

(26) District No. 26. All lands within the city within Arastradero Road from Alto Mesa Avenue to Hillview Avenue and adjacent to Arastradero Road on both sides from approximately fifty feet southerly of Alta Mesa Avenue to Georgia Avenue - removal ninety days after completion and acceptance of the work;

(27) District No. 27. All lands within the city on Cambridge Avenue between Birch Street and Park Boulevard - removal ninety days after completion and acceptance of the work;

(28) District No. 28. All lands within the city on Park Boulevard between Sherman Avenue and Lambert Avenue - removal ninety days after completion and acceptance of the work;

(29) District No. 29. All lands within the city of Palo Alto bounded by Cowper Street, Hamilton Avenue, Bryant Street, and Lytton Avenue, plus one block bounded by Tasso Street, University Avenue, Cowper Street, and Lytton Avenue - removal ninety days after completion and acceptance of the work;

(30) District No. 30. All lands within the city of Palo Alto, county of Santa Clara, bounded by San Francisquito Creek, Edgewood Drive, Island Drive, Hamilton Avenue, Center Drive, Dana Avenue, Alester Avenue and Jackson Drive - removal ninety days after completion and acceptance of work;

(31) District No. 31. All lands within the city of Palo Alto, county of Santa Clara, bounded by the southeasterly side of University Avenue, west of 1270 University Avenue, the west side of Marlow Street, University Avenue, Chaucer Street, Hamilton Avenue, parts of Seneca Street, and Fulton Avenue, all as more particularly shown on the map referenced in Section 3 of Ordinance 3874 - removal ninety days after completion and acceptance of the work;

(32) District No. 32. All of the area in the county of Santa Clara, city of Palo Alto, consisting of both sides of Middlefield Road from Palo Alto Avenue and an area northwesterly of 116 Middlefield Road to the north to Embarcadero Road to the south; all as more particularly shown on the map referenced in Section 3 of Ordinance 3874 - removal ninety days after completion and acceptance of the work;

(33) District No. 33. All of the area in the county of Santa Clara, city of Palo Alto, encompassing the area bounded by Cowper Street, Hamilton Avenue, Webster Street, Lytton Avenue, Middlefield Road and Forest Avenue, all as more particularly described on that certain map entitled "Downtown Three Underground Utility District Number 33," on file in the office of the city clerk;

(34) District No. 34. All of the area in the county of Santa Clara, city of Palo Alto, encompassing the area bounded by Cowper Street, Addison Avenue, Alma Street, and Forest Avenue, all as more particularly described on that certain map entitled "Downtown IV and Channing/Addison Avenue Underground Utility District Number 34," on file in the office of the city clerk;

(35) District No. 35. All of the area in the county of Santa Clara, city of Palo Alto, encompassing the area bounded by Alma Avenue, Park Boulevard, El Camino Real, and Churchill Avenue, all as more particularly described on that certain map entitled "Southgate Underground Utility District Number 35," on file in the office of the city clerk;

(36) District No. 36. All of the area in the county of Santa Clara, city of Palo Alto, encompassing the areas contiguous with portions of Corporation Way and East Bayshore Road, and Fabian Way, Fabian Street, San Antonio Road, East Charleston Road, Industrial Avenue, Transport Street and Commercial Street, all as more particularly described on that certain map entitled "Commercial/Transport and Corporation Way Underground Utility District Number 36," on file in the office of the city clerk;

(37) District No. 37. All of the area in the county of Santa Clara, city of Palo Alto, encompassing the areas contiguous with portions of Embarcadero Road, Middlefield Road, Seale Avenue, Byron Street, Bret Harte Street, Mark Twain Street, Newell Road, Guinda Street, Fulton Street and Tennyson Avenue, all as more particularly described on that certain map entitled "Embarcadero/Middlefield Road Underground Utility District Number 37," on file in the office of the city clerk;

(38) District No. 38. All of the area in the county of Santa Clara, city of Palo Alto, encompassing the areas contiguous with portions of High Street and Cowper Street, and Oregon Expressway and Colorado Avenue, all as more particularly described on that certain map entitled "High/Cowper/Oregon and Colorado Avenue Underground Utility District Number 38," on file in the office of the city clerk;

(39) District No. 39. All of the area in the County of Santa Clara, City of Palo Alto, encompassing the areas contiguous with portions of Sherman/Grant/Sheridan/Page-Mill/Park Blvd./Birch/Ash and El Camino Real all as more particularly described on that certain map entitled "Sherman/El Camino Real/Page Mill/Park Blvd. Underground Utility District Number 39," on file in the office of the City Clerk;

(40) District No. 40. All of the area in the county of Santa Clara, city of Palo Alto, encompassing the areas contiguous with portions of the north side of 1700-1900 block of Edgewood Drive. All as more particularly described as "1700-1900 Edgewood Drive Underground Utility District Number 40," on file in the office of the city clerk;

41. District No. 41. All of the area in the County of Santa Clara, City of Palo Alto, encompassing the areas contiguous with portions of Colorado Avenue/Middlefield Road/Oregon Expressway/Cowper Street, and more particularly described as "Underground District No. 41 Boundary Map," on file in the office of the city clerk.

42. [Not used]

43. [Not used]

(44) District No. 44. All of the area in the County of Santa Clara, City of Palo Alto, encompassing the areas contiguous with portions of 2500 block of Embarcadero Road and city-owned Baylands. All as more particularly described as Bayland Underground Utility District Number 44, on file in the office of the city clerk.

(45) District No. 45. All of the area in the County of Santa Clara, City of Palo Alto, encompassing the areas contiguous with portions of Palo Alto Avenue, Alma Street, High Street, Lytton Avenue and Cambridge Avenue Underground Utility District Number 45, on file in the office of the City Clerk.

(46) District No. 46. All of the area in the County of Santa Clara, City of Palo Alto, encompassing portions of the following avenues, roads, and streets: Arastadero Rd., El Camino, W. Charleston. All as more particularly described on that certain map entitled “Underground District No. 46 Boundary Map” on file in the office of the City Clerk.

(47) District No. 47. All of the area in the County of Santa Clara, City of Palo Alto, encompassing the areas contiguous with portions of the following avenues, roads, and streets: Homer, Cowper, Addison, Middlefield, Channing and Webster, all as more particularly described on that certain map entitled "Proposed Underground District No. 47 Homer/Cowper/Addison/ Middlefield/Channing/Webster" on file in the office of the City Clerk.

(Ord. 5276 § 2, 2014; Ord. 5180, § 2, 2013: Ord. 5003 § 2, 2008: Ord. 4882 § 2, 2005: Ord. 4858 § 2, 2004; Ord. 4822 § 2, 2004: Ord. 4814 § 2, 2004: Ord. 4483 § 2,1998: Ord. 4408 § 2, 1997: Ord. 4280, § 2, 1995: Ord. 4208 § 2, 1994: Ord. 4138 § 2, 1993: Ord. 4112 § 2, 1992: Ord. 4028 § 2, 1991: Ord. 3963 § 2, 1990: Ord. 3874 § 2, 1989: Ord. 3745 § 2, 1987: Ord. 3682 § 2, 1986: Ord. 3619 § 2 1985: Ord. 3616 § 2, 1985: Ord. 3605 § 2, 1985: Ord. 3464 § 2, 1983: Ord. 3408 § 2, 1983: Ord. 3227 § 2, 1980: Ord. 3142 § 2, 1979: Ord. 3136 § 2, 1979: Ord. 3035 § 2, 1977: Ord. 2834 § 3, 1975: Ord. 2814 § 3, 1974: Ord. 2757 § 3, 1973: Ord. 2653 § 2, 1972: Ord. 2628 § 3, 1971: Ord. 2616 (part), 1971: Ord. 2543 (part), 1970: Ord. 2502 (part), 1969: Ord. 2490 (part), 1969: Ord. 2486 (part), 1969: Ord. 2416 (part), 1968: Ord. 2411 (part), 1968: Ord. 2363 (part), 1967: Ord. 2231 (part), 1965: prior code § 37.202)

* Editor's Note: The maps referred to can be found at the end of this title in a printed edition of this code.

12.16.030 Poles, overhead lines and associated overhead structures prohibited in underground districts.

(a) Whenever any area of the city is declared to be an underground utility district, it shall be unlawful for any person or utility to erect, construct, use, or maintain poles, overhead lines and associated overhead structures within the district after the date when the utilities are required to be removed.

(b) From and after the effective date of the establishment of any underground utility district, it shall be unlawful for any person or utility to erect, construct, use or maintain poles, overhead lines and associated overhead structures within the district.

(c) Any individual or utility who shall erect, construct, use or maintain poles, overhead lines and associated overhead structures within any underground utility district or who shall neglect to take down and remove such poles, overhead lines and associated overhead structures within the time designated in this chapter or who shall otherwise fail to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars. Each consecutive fifteen-day period during which the failure to comply with the provisions hereof shall constitute a separate offense. Such violation is likewise hereby declared to be a nuisance and may be abated by the city attorney in the manner provided for the abatement of nuisances.

(Ord. 4908 § 2, 2006: Ord. 4642 § 15, 2000: Ord. 2231 (part), 1965: prior code § 37.203)

12.16.040 Council may designate additional underground utility districts.

(a) The city council may from time to time call public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead lines and associated overhead structures from some designated area of the city. The city clerk shall publish a notice of the public hearing and the director of utilities shall notify all affected property owners as shown on the last equalized assessment roll and affected utilities by mail of the time and place of such hearings at least thirty days prior to the date thereof.

(b) If, after any such public hearing, the council finds that the public necessity, health and safety require such removal the council shall, by ordinance amending Section 12.16.020 of this chapter, declare such area an underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and overhead lines and associated overhead structures shall be removed and within which affected property owners must be ready to receive underground service. The council shall allow a reasonable time for such removal having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.

(Ord. 3709 § 7, 1986: Ord. 2452, 1968: Ord. 2231 (part), 1965: prior code § 37.204)

12.16.050 Exceptions.

(a) The provisions of this Chapter 12.16 shall not apply to the following types of facilities:

(1) Poles used exclusively for police and fire alarm boxes, traffic control facilities, or any similar municipal-owned equipment installed under the supervision and to the satisfaction of the director of utilities, or designee;

(2) Poles used exclusively for street lighting;

(3) An electric distribution or transmission system in excess of fifteen kilovolts, unless the director of utilities, or designee, determines that underground installation of such distribution or transmission system is feasible and practicable. The decision of the director in such matters is final;

(4) When authorized by the director, or designee, poles, overhead lines and associated overhead structures crossing or entering any potion of a district from which poles, overhead lines and associated overhead structures have been prohibited and originating in an area in which poles, overhead lines and associated overhead structures are not prohibited;

(5) Overhead lines attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

(6) Radio antenna and associated equipment and supporting structures used for furnishing communications services;

(7) Changes in or additions of aerial drop lines and anchors or the addition or replacement of lines and cables on poles in place on July 1, 1965; or

(8) Service terminals, in pedestals, in above ground locations, used to distribute communications service in underground systems.

(Ord. 4945 § 35, 2007: Ord. 4908 § 3, 2006: Ord. 2611 § 6, 1971: Ord. 2231 (part), 1965: prior code § 37.205)

12.16.060 Special exceptions granted by city council.

Notwithstanding any other provisions of this chapter the city council may grant special exceptions on a permanent or temporary basis to the provisions hereof on such terms as the city council may deem appropriate in cases of emergency or unusual circumstances to any person to erect, construct, install, maintain, use or operate poles and overhead lines and associated overhead structures within any underground utility district provided that prior thereto the city council shall have made a finding that granting of such special exception does not violate the general purposes of this chapter, will not be detrimental to the public interest, welfare, safety, peace or health and that such action will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the underground utility district.

(Ord. 2231 (part), 1965: prior code § 37.206)

12.16.070 Time extensions.

In the event that any act hereby required by any person or utility herein referred to cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, or by any circumstances beyond the control of the person or utility or by unusual hardships, then the time within which such act shall be accomplished may be extended by the director of utilities, or his designee, for a period not exceeding one year.

(Ord. 4908 § 4, 2006: Ord. 2611 § 7, 1971: Ord. 2231 (part), 1965: prior code § 37.207)

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