§ 16.68.050. Underground utilities.

A.

Purpose and Intent. The purpose of this section is to implement policies of the general plan by requiring new development to place existing overhead utilities underground or contribute to a fund that shall be used solely for the conversion of overhead utilities to underground utilities. These policies further the public health, safety and welfare by: (1) increasing the aesthetic appearance of residential, commercial and mixed use areas by avoiding or eliminating the concentration of overhead service and distribution facilities, (2) promoting the safe and orderly control of pedestrian and vehicular traffic along streets, roads or rights-of-way, and (3) providing a coordinated and economical method of placing existing utilities underground.

B.

Applicability.

1.

Service Drops.

a.

All projects (discretionary or ministerial) that involve the addition of over five hundred (500) square feet of habitable space shall be required to place service connections underground.

b.

Service connections that require offsite work—if the cost of work to underground off-site portion of the service connections as determined by standard construction estimation techniques by the building official or director of public works, is greater than twenty-five (25) percent of the overall cost of the project, exclusive of utility undergrounding, the city shall either waive the requirement to underground the service connection or fund a portion of the cost sufficient to reduce the cost to less than twenty-five (25) percent.

2.

Utility Distribution Lines.

a.

Unless otherwise exempted by law or the provisions of this section, the requirement to place utilities underground shall apply to all tentative tract and parcel maps, conditional use permits and variances. Additionally, where permitted by applicable law, the city council may require the undergrounding of utility lines as a condition of approval of an application for an extension of time for the above designated project types.

b.

Underground installation is required of all overhead electrical distribution lines of less than one hundred fifteen thousand (115,000) volts, utility service connections, telephone, cable television and similar service wires or cables which:

i.

Provide direct service to the property being developed; or

ii.

Are existing and located within the boundaries of the property being developed; or

iii.

Are existing between the property line and the centerline of the adjacent streets of the property being developed; or

iv.

Are located along or within six feet of the front property line of the property to be developed.

c.

To the greatest extent feasible, all undergrounding of utilities shall preclude the installation of new poles unless it is necessary to replace an existing pole that is deemed to be in unsatisfactory condition.

C.

In-Lieu Fee. On the basis of a formal written request to the approving authority, an in-lieu fee may be considered instead of the required undergrounding of utilities for the following:

1.

Projects located within duly established underground utility districts.

2.

Tentative parcel maps if special and unique circumstances exist, as determined by the planning commission or city council, such as the presence of a disproportionate amount of wires and utilities on the property, which prevent an economically feasible conversion.

3.

Infill mixed use projects on an existing lot less than ten thousand (10,000) square feet in which the residential component consists solely of four or less rental apartments.

4.

Upon the recommendation from the director of public works or the community development director that such requirement for undergrounding would be detrimental to economic development, affordable housing or the provision of other public amenities or benefits.

D.

Reduced In-Lieu Fee. For projects that are eligible for consideration of in-lieu fee as set forth in subsection C of this section, the approving authority may require the payment of a reduced fee totaling between ten (10) percent and fifty (50) percent of the standard fee for any of the following:

1.

The cost of undergrounding or the calculated in-lieu fee, separately will exceed forty (40) percent of the proposed project cost exclusive of undergrounding, as determined by standard construction estimation techniques by the building official or director of public works.

2.

City initiated economic development and streetscape enhancement projects authorized by the city council.

3.

Projects providing affordable housing units in excess of city requirements.

E.

Calculation and Collection of Fees.

1.

Underground utility in-lieu fees shall be calculated per linear foot of frontage for each side of the property with overhead utility lines on or off of the project property that would have been required to be placed underground.

2.

Underground utility in-lieu fees shall be paid prior to issuance of the final map or building permit.

3.

The amount of the underground utility in-lieu fee shall be established by resolution of the city council.

4.

Underground utility in-lieu fees collected by the city shall be deposited in a separate fund and shall be used solely for the planning, design, administration and implementation of utility undergrounding.

F.

Responsibility for Compliance. The applicant or owner is responsible for complying with the requirements of this section, and he or she shall make all necessary arrangements with the appropriate utility company for the installation of such facilities. When arrangements are made with the serving utility company, a letter stating that arrangements have been made for underground facilities and such other comments the utility company may have regarding easements, utility locations, and other pertinent matters must be submitted by the utility company to the city engineer. Plans and specifications for such utility undergrounding shall be sized to accommodate other utilities and are subject to the approval of the city engineer.

(Ord. 602 § 2, 2008)

(Ord. No. 688, § 4, 10-24-2017)