Chapter 16
UNDERGROUNDING OF UTILITIES REQUIRED
Sections:
7-16.040 Exemptions from construction requirement; in-lieu fee.
7-16.010 Purpose and Intent.
This Chapter is enacted by the Council for the following purposes:
(a) To spread the cost of underground installation of overhead utilities upon all abutting properties which are the primary beneficiaries in a fair and equitable manner;
(b) To require the underground installation of existing overhead utilities whenever there is new construction;
(c) To cause the payment of a fee to be used by the City to install overhead utilities underground in lieu of actual underground installation of existing overhead when certain conditions are met;
(d) To ensure that no design review, use permit, minor land division, subdivision, or building permit is approved, issued, or granted until the provisions of this chapter are complied with;
(e) To improve safety, access, and aesthetics by requiring the underground installation of overhead utilities.
(§ 1, Ord. 1188-05 C-M, eff. April 21, 2005)
7-16.020 Definitions.
Whenever in this Chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:
(a) “New construction” shall mean any construction of new floor area requiring a building permit whether on an improved or vacant parcel.
(b) “Substantially developed property” shall mean: (1) a property containing at least one residence; or (2) a parcel, which a minimum fifteen (15%) percent of the site is covered by structure(s).
(c) “Overhead Utilities” shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground and used or useful in supplying electric, communication, or similar or associated service.
(d) “Utility company” shall mean any person or agency, public or private, who or which supplies electricity, communications, cable television, water, natural gas, or similar services to consumers.
(§ 1, Ord. 1188-05 C-M, eff. April 21, 2005)
7-16.030 Applicability.
The requirements of this chapter apply to new construction, which requires design review, use permit, minor land division, subdivision, or a building permit.
(a) Private Projects. Utilities related to new construction, minor land divisions, and subdivisions shall be installed underground. New construction, minor land divisions, and subdivisions that abut a public street, place, or way that contain existing overhead utilities shall relocate such existing overhead utilities underground, except as may otherwise be exempted by this chapter.
(b) Extensions of Public Utilities. All new extensions of overhead utilities by utility companies shall be installed underground, except as otherwise exempted by this chapter.
(c) The Director of the Public Works and Utilities Department shall retain the discretion to review and determine that, for new construction, minor land divisions, or subdivisions, underground installation of existing overhead utilities is necessary to preserve or enhance public health and safety and require underground installation of the existing overhead utilities where otherwise exempt.
(§ 1, Ord. 1188-05 C-M, eff. April 21, 2005)
7-16.040 Exemptions from construction requirement; in-lieu fee.
(a) A fee, as established from time to time by resolution of the City Council, hereinafter called the “Underground Utility In-lieu Fee” shall be paid in lieu of actual underground installation of overhead utilities, under any one of the following circumstances:
(1) The parcel is zoned commercial, institutional, public, or industrial and involves the addition of 500 square feet or less of new or additional floor area to a substantially developed property;
(2) The parcel is zoned residential and involves the addition of 350 square feet or less of new floor area to a substantially developed site;
(3) The width of street frontage for an existing parcel is less than 100 feet. For a building located on a corner lot, the shorter of the two (2) frontages shall be used for the determination; or
(4) Where the cost of underground installation exceeds five (5%) percent of total project costs. Total project costs include building the private site improvements such as grading, parking, and landscaping, frontage improvements, and improvements within the public right-of-way. Total project costs shall not include development-related fees such as building fees and development impact fees or design-related costs.
(b) If a project fronts multiple public streets, places, or ways which contain existing overhead utilities, the in-lieu fee amount shall be based upon the frontage of the utility providing service to the parcel or structure.
(§ 1, Ord. 1188-05 C-M, eff. April 21, 2005)
7-16.050 Exceptions.
The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 7-16.040 of this chapter shall not apply to the following types of facilities and developments:
(a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Public Works;
(b) Poles or electroliers used exclusively for street lighting;
(c) Poles, overhead wires, and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
(d) Overhead wires 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;
(e) Antennae, associated equipment, and supporting structures used by a utility for furnishing communication services;
(f) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
(g) Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects;
(h) Projects where the parcel abuts a public street, place, or way where all the overhead utilities have already been installed underground. If the parcel abuts multiple public streets, places, or ways the overhead utilities along all of the public streets, places, or ways must already have been installed underground;
(i) Projects where the parcel is to be subdivided and will not abut a public street, place, or way with existing overhead utilities;
(j) Residential projects, exclusive of subdivisions and minor land divisions, where existing overhead utilities cross or traverse the parcel in an easement, and no service drops from those overhead utilities are made to the parcel; and
(k) Reconstruction of existing structures resulting from damage or destruction from earthquake, fire, flood, or other cause over which the owner had no control (provided that compliance with any Building Code or other law of the City or of any other applicable law shall not be deemed a cause over which the owner has no control).
(§ 1, Ord. 1188-05 C-M, eff. April 21, 2005)
7-16.060 Constitutionality.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.
(§ 1, Ord. 1188-05 C-M, eff. April 21, 2005)