§ 9-30.090. Undergrounding of Utilities

Existing and new overhead utility facilities shall be converted to, or installed as, underground utilities in compliance with this Section.

A.

Applicability. No Zoning Clearance shall be issued for any construction of a new structure or land development unless the applicant's plans comply with the provisions of this Section.

B.

Definitions. Definitions of the technical or specialized terms and phrases used in this Section may be found in Article 8.

C.

Requirements for undergrounding. All utilities servicing a new structure or servicing any existing structure located on the same parcel of land as a new structure shall be installed or relocated underground, except as otherwise exempted in this Section. Relocation of existing overhead utility service to an off-site location is not permitted.

Utility lines, such as electric distribution (under 33,000 volts), communications, street lighting and cable television, shall be placed underground by the applicant, who shall make the necessary arrangements with the utility companies for the installation of such facilities. Existing utility poles on the project site shall be removed and undergrounding of all overhead service not directly affecting service to adjacent sites shall be accomplished to the nearest existing off-site pole as determined by the City Engineer. New poles may be set only in special instances where no other feasible solution is available as determined by the utility company.

D.

Exemptions from undergrounding requirements. The following types of facilities are exempt from the undergrounding requirements of this Section.

1.

Poles, overhead wires and associated utility services used for electricity transmission at a nominal voltage of 33,000 volts or higher.

2.

Appurtenant structures and equipment, including surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets.

3.

Temporary poles, overhead wires and associated utility services used or to be used in conjunction with construction projects.

4.

Temporary poles, overhead wires and associated utility services for a temporary use, when a Temporary Use Permit has been issued, and when the permit requires removal of the temporary utility service upon completion of the temporary use.

5.

Public utilities doing work governed by the rules, regulations and tariffs of the California Public Utilities Commission.

6.

Emergency poles, overhead wires, and utility services to be installed and maintained for a period not to exceed 10 days, with the approval of the City Engineer.

7.

Whenever an undergrounding utility district has already been formed or is projected to be formed in compliance with Municipal Code Title 7, Chapter 4, Section 7 4.01 et seq.

8.

Whenever an unreasonable hardship has been established by the Planning Commission in compliance with Subsection F.

E.

In-lieu fee. When a project does not qualify for one of the exemptions listed in Subsection D, above, and the Commission has granted relief from undergrounding in conjunction with a request for construction under Subsection F, an in-lieu fee may be established based on front footage costs estimated by the Southern California Edison Company. The City Engineer shall collect the in-lieu fees and manage and adjust the fees for inflation as deemed necessary.

F.

Hardship waiver - In-lieu fees. If the cost of placing utility services underground is so great as to constitute an unreasonable hardship, the property owner, subject to the undergrounding requirement, may apply in writing to the approving body for relief from the provisions of this Section. The request shall include a detailed description of the overhead utility services proposed to be placed underground and separate itemized cost estimates of construction of the project if the utilities were placed or relocated underground or above ground.

1.

Unreasonable hardship findings. After considering the request for relief, the approving body may grant relief as may be deemed proper under the circumstances, including the imposition of in-lieu fees or the indefinite deferral of the undergrounding requirement. The approving body may grant this relief only if the approving body makes all of the following findings, each of which are supported by substantial facts:

a.

The cost of undergrounding utilities exceeds 20 percent of the total project cost, including all on- and off-site improvements and structures, with valuation to be determined using the currently adopted valuation tables of the Building Official and the Public Works Department;

b.

No new utility poles are to be erected;

c.

There is another overhead utility service in the immediate vicinity which would remain even if no waiver is granted; and

d.

The grant of approval would not be inconsistent with the intent and purposes of this Chapter.

2.

Deferral. The approving body may grant a deferral of the requirements to underground utilities, by requiring a deed restriction to be recorded against the property concurrent with recordation of the final map or prior to issuance of a zoning clearance. The deed restriction will require the current or future property owner to accept any future assessment proceedings for undergrounding the existing onsite overhead utilities. This deferral may only be granted by the approving body if the undergrounding of existing overhead utility services would require the installation of more guy poles than the number of existing utility poles required to be removed. The determination regarding the need for additional guy poles shall be verified by the appropriate utility company.

3.

Appeal of approving body decision. Any decision of the approving body concerning a hardship waiver request under this Section may be appealed by any interested person in compliance with Chapter 9-76 (Appeals), and as follows.

a.

Appeal requirements. The appeal shall contain the following information:

(1)

A detailed description of the overhead utility services proposed to be placed underground;

(2)

A separate itemized cost estimate for: the construction valuation of the project certified by the Building Official; the construction costs of the utilities to be placed underground; and, if applicable, the construction costs of utilities to be relocated above ground; and

(3)

The grounds for the appeal.

b.

Granting of the appeal. Upon consideration of the appeal, the appeal body may grant relief as it may deem proper under the circumstances, including indefinite deferral of the undergrounding requirement. The appeal may be granted if the appeal body is able to make all of the findings of Subsection (F)(1), each of which is supported by substantial facts.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007)