The subdivider, as a condition of approval of a tentative map, shall provide for the undergrounding of all existing and proposed utility and service distribution, collection or transmission facilities (e.g., community or cable television and telecommunication distribution and/or transmission facilities, electrical distribution for transmission, gas, telephone or other forms of telecommunication lines, sewer collection, storm drain and water distribution lines), within the subdivision and along peripheral streets, in compliance with Subdivision Map Act Section 66473.6 and the following standards:
A. Utility lines, including, but not limited to, electric, communications, street lighting and cable television shall be required to be placed underground in compliance with the specifications of the public utility providing such services. The subdivider is responsible for complying with the requirements of this section, and shall make the necessary arrangements with the utility companies for the granting of easements and installation of such facilities. Exceptions to the underground requirements may be made as follows:
1. Transformers, pedestal-mounted terminal boxes, meter cabinets and concealed ducts may be situated above ground if they are used solely for the purpose of providing service within subdivisions and are used solely in connection with the underground transmission or distribution lines.
2. Transmission lines supported by metal poles may be situated above the surface of the ground if the voltage carried by such lines is thirty-seven and one-half kv or more and no distribution line serving the subdivision is connected to or carried on the poles of said thirty-seven and one-half kv line within the subdivision.
3. Poles supporting street lights and the electrical lines within said poles, may be situated above the surface of the ground.
4. After consideration of the report and recommendation of the planning commission, the city council may waive the requirement of underground utilities, in whole or in part, for industrial subdivisions.
5. In those cases where requirement for underground utilities has been waived, the easements for overhead pole lines shall be provided at the rear of all lots, except where alleys are available, or where the requirement is waived by the city council.
6. The waiver by the city council of the requirements of the section for one portion of a subdivision shall not accept the requirements for the balance of that subdivision.
7. Provided, however, that where the rules and regulations of the California Public Utility Commission (PUC) and this section are or shall be in conflict, the rules and regulations of the PUC shall apply.
8. The council may waive any requirement of this section if topographical, soil or other similar physical conditions make such underground installation unreasonable or impractical.
9. Any parcel map with up to four residential parcels, no parcel of which has previously been exempted from this section and where at least fifty percent of the surrounding area within a radius of five hundred feet has been previously developed without undergrounding utilities.
10. That portion of a previously developed nonresidential parcel map.
It shall be the responsibility of all subdividers seeking to provide telephone or telegraph service, electrical distribution or transmission service, cable television service or community television distribution or transmission facilities, to make the necessary arrangements with the utility companies involved for the underground installation of pipes, wires, (including fiber optic systems) and facilities required for said services at subdivider's expense unless otherwise required by rules, regulations and tariffs on file with the California Public Utilities Commission. In regards to cable television, the subdivider is responsible for and the cost of trenching, necessary substructures, including conduit and pedestals and all extensions of cable television service to the subdivision from existing television trunk lines. |
B. Subdividers shall make the necessary arrangements with cable television, telecommunications or other communication service operators to comply with the following requirements with respect to cable television installation in residential subdivisions:
1. Pre-wire all residential structures;
2. Connect laterals to each residential structure with a minimum of two outlets wired in each structure;
3. Fiber optic or comparable system communications service as may be appropriate and required based upon the recommendation of the local telecommunications provider; and
4. Install "flush mounts" or "pedestals" as required by the cable television or telecommunications provider/operator which will service the subdivision.
C. Payment for costs of undergrounding shall be as follows:
1. Arrangements, including payment of costs, shall be made by the subdivider directly with the serving utility company(s). Undergrounding of utility structures may be done by the subdivider, with permission from the serving utility;
2. Upon approval of the city manager, subdivisions with frontages of less than three hundred feet, can propose and the city engineer may accept a cash payment from the subdivider, in lieu of immediate undergrounding of the lines. Payments will be based upon a written estimate of the short unit cost from the serving utility company(s), and will reflect the subdivision's proportionate share of the estimated cost for undergrounding the lines over the entire area adopted by the city engineer. Determination may be made by the city engineer at the time any application is made to pay fees pursuant to this section;
3. Upon approval of the city manager, a subdivider with property frontage of any length may elect to enter into an agreement with the city to defer the undergrounding until the utility lines along the frontage of one or more of the adjoining parcels are undergrounded. The agreement shall require the cost of the undergrounding, as determined pursuant to subsection (C)(2) herein to be made in semi-annual payments over a period of five years. The agreement shall be secured by a bond, or security interest in the subject real property. City manager approval or denial of the request shall be based on the determination that such deferral is in the "public interest" and will contribute to the orderly growth of the area.
4. A subdivider with property frontage of any length may petition the city to establish an assessment district to fulfill the requirement for undergrounding utilities. Prior to issuance of a certificate of occupancy or temporary certificate of occupancy for any structure in the subject subdivision, subdivider shall have an assessment district in place or shall have made provision for undergrounding pursuant to subsections (C)(1) through (3) herein;
5. In the event that property on the opposite side of any street or highway from the property line along which undergrounding is required is vacant, and a single set of poles carry the overhead utility lines for both sides of the street or highway, the subdivider shall pay fifty percent of the estimated cost of undergrounding. When the vacant property is developed, the subdivider of the property shall, as a condition of the issuance of building permits, be required to pay the remaining fifty percent of the cost of such undergrounding. Where the property is not vacant, or more than one set of poles carry utility lines along the street or highway, the subdivider shall pay the full cost of required undergrounding; and
6. Unless otherwise specified any other provision herein notwithstanding, the entire cost to underground utility lines, crossing a street, shall be the responsibility of the subdivider of the property served by the utility lines.
D. Deposit of payments for costs of undergrounding shall be as follows:
1. All payments collected pursuant to this section shall be deposited into a city administered line item account for undergrounding utilities. Separate accounts shall be maintained for undergrounding in defined geographic areas throughout the city, as established by the city engineer; and
2. In no event shall the payments from subdividers on both sides of the street exceed the total estimated cost for undergrounding utilities along that section of street plus reasonable costs of administering this section approved by the council.
(Ord. 08-01 §1, 2008)