Overhead utility lines have an undesirable impact on the character
and quality of the neighborhoods in the City. As a prominent part
of the streetscape, overhead utility lines detract from the visual
quality of the neighborhoods, and increase the threat of fire due
to downed utility lines.
New development within the City makes necessary the construction
of additional utility lines, and will thereby contribute to the negative
effects of urbanization by impairing views and increasing the risk
of fire due to downed utility lines.
The intent of this chapter is to assure that, in conjunction
with all new development, all on-site utility service lines are placed
underground. It is also the intent of this chapter to assure that
new development within the Rural Residential Districts and parts of
the Hillside Districts which create new negative urban effects mitigate
those impacts to some extent through the payment of a fee to underground
utilities along the City's arterial and collector streets in those
districts.
The provisions of this chapter are hereby deemed necessary for
the protection of property, property values and the general welfare.
(08-05)
A.
City-Wide
Undergrounding Requirements
Persons constructing any building or adding at least 25% to
an existing building's gross floor area, shall place underground all
on-site utility lines and all utility lines between (i.e., connected
to and serving) the building and the first point of connection to
existing utility lines having the capacity to serve the project. If
upgraded lines are required, the upgraded portion, including pre-existing
lines, shall be placed underground. Provided, if there are existing
on-site utility lines of less than 300 feet in length or located in
a utility easement, the person constructing the improvement shall
pay a fee in-lieu of undergrounding these lines, as provided in Section
16.151.010.D.
B.
Institutional
Educational District, Senior Citizen Housing, and Conditional Use
Permits
Persons constructing any building or adding 25% to any existing
building's gross floor area as part of a development that is:
1.
Located in the Institutional Educational District;
2.
A senior (citizen) housing project;
3.
A use, (other than a residential unit development), subject to a
conditional use permit; shall place new on-site utilities underground,
and shall place existing, on-site utility lines underground, or pay
a fee in-lieu thereof, according to the following formula:
The number of feet of existing overhead lines to be placed underground
shall be the square root of the "assumed lot size."
The "assumed lot size" shall be the gross floor area of the
new construction multiplied by four.
If the amount of line to be placed underground is less than
300 feet, the in-lieu fee described in Section 16.151.010.D shall
be paid. If the amount of line is 300 feet or more, the property owner
shall underground that number of feet of existing utility lines, or
to the first point of connection, whichever is shorter.
C.
Planning
Commission Determination of Impracticality
The Planning Commission may find that placing utility lines
underground is impractical and that fees should be paid instead, when
any of the following conditions, or similar conditions, are found
to exist:
1.
The length of utility lines to be placed underground will be less
than 300 feet and said utility lines have not been placed underground
on any property abutting the applicant's property.
2.
The existing on-site utility lines to be placed underground serve
property held under separate ownership.
3.
Utility lines cannot be placed underground without severely disrupting
existing improvements.
4.
The physical or legal character of existing utility easements will
not allow utility lines to be placed underground and the affected
adjoining property owner will not consent to modification of such
easements or other technical or engineering difficulties preclude
such action.
5.
When upgrading an existing service would not impose a significant
visual impact on the area immediately surrounding the property or
on the City.
D.
Payment
of Fees In-Lieu of Undergrounding Lines
When the Planning Commission determines that undergrounding
is impractical, an in-lieu fee shall be paid. An in-lieu fee shall
be based on the number and type of utility lines and shall be paid
prior to the recordation of a final tract or parcel map for the tract,
or the issuance of any building permit for which they are required.
Payment shall be made according to the cost schedule as set forth
in separate ordinance and as amended from time to time.
E.
Property
Owner Responsibility
The person constructing the improvement, and not the City, shall
be responsible for placing utility lines underground and shall have
the necessary arrangements with the serving utility companies.
(08-05)
Applicants for development approvals or permits shall pay a
utility improvement fee.
A.
Area
of Benefit
The utility improvement fee shall apply only to property in
the RR Districts and in the Hillside District, as shown on Figure
16.151.020.1, hereinafter referred to as the "area of benefit."
 FIGURE 16.151.020.1
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B.
Time
for Payment of Fee
1.
Parcel and Tract Maps
The applicant shall pay a utility improvement fee prior to the
recordation of a parcel or tract map within the area of benefit if
both the following are true:
a.
The fee is collected either (1) for improvements or facilities for
which the City has an account, appropriated funds and adopted a proposed
construction schedule or (2) to reimburse the City for expenditures
previously made; and
b.
The Planning Commission has not deferred collection of the fee to
the time of issuance of building permits for the applicant's property,
in which case the fee shall be due prior to the issuance of building
permits for the applicant's property.
|
If neither of the conditions in Section 16.151.020.B.1.a is
satisfied, the fee shall be due prior to the date of final inspection
or the date of issuance of the certificate of occupancy, whichever
occurs first.
|
2.
Building Permits, Conditional Use Permits, and Specific Plans
If no utility improvement fee, as provided in this part, has
been previously paid for the property, the applicant shall pay a utility
improvement fee prior to the issuance of a building permit for any
single-family residential structure.
C.
Amount
of Fee
The utility improvement fee shall be as set forth in separate
ordinance and as amended from time to time.
(08-05)
A.
Fees
collected pursuant to this section shall be used solely to (a) pay
for City undergrounding of existing overhead utility lines; or (b)
to reimburse other developers who have contributed to undergrounding
programs, where those facilities were beyond those needed to mitigate
the impacts of the developer's project(s).
B.
The
fees collected pursuant to this section for properties in the area
of benefit as shown on Figure 16.151.020.1 shall be placed in a separate
and special account along with any interest earnings on that account.
Fees collected from properties not shown in Figure 16.151.020.1 may
be placed in another separate and special account along with any interest
earnings on that account.
(08-05)
A.
All
additions to existing single-family residential structures and accessory
buildings, including the addition of a second unit on a residential
parcel, shall be exempt from the provisions of this section.
B.
Projects
of a temporary nature (one year or less) may be exempted by the Director
of Community Development from the provisions of this section.
C.
The
utility improvement fee shall not be required for any senior citizen
housing project with at least 25 percent of the project's dwelling
units permanently set aside and affordable for low and moderate income
households.
D.
The
utility improvement fee may be waived or reduced by the City Council
for any senior citizen housing project with at least 25 percent of
the project's dwelling units permanently set aside and affordable
for moderate income households, if doing so will further the implementation
of the City's General Plan.
E.
The
utility improvement fee may be waived or reduced by the City Council
for low and moderate income housing projects with at least 25 percent
of the dwelling units permanently set aside and affordable for low
and moderate income households, and for senior housing projects with
less than 25 percent of the project's dwelling units set aside for
low and moderate income households, if doing so will further the implementation
of the City's General Plan.
F.
The
utility improvement fee may be waived or reduced by the City Council
for public agencies, if doing so will further the implementation of
the City's General Plan.
G.
Existing major utility transmission lines of 66KV or greater shall not be required to be placed underground, except as provided in Section 16.151.050.
(08-05)
New utility lines installed to provide service to new developments
or provide upgraded service to a single existing development shall
be placed underground, except as provided by the utility service provider's
franchise agreement or if the new or upgraded utility lines will be
larger than 66KV. The property owner and/or developer installing,
requesting or requiring the installation of the lines, shall be responsible
for placing utility lines underground and shall make the necessary
arrangements with the serving utility(ies).
(08-05)
As property within the area of benefit, but not currently within the City, is annexed to the City, such property shall be immediately subject to the provisions of Sections 16.309.010 and 17.016.060, except that no fee shall be required from property developed for residential purposes until 60 days after such annexation.
(08-05)
