A.
Purpose.
This chapter specifies the requirements for underground utilities
related to construction projects in the City, which include, but are
not limited to, new subdivisions, other private development projects,
public streets and other public improvements.
B.
Specific
requirements. Specific requirements to place and maintain utility
wires and related facilities underground are contained in various
portions of the Santa Barbara Municipal Code, including:
1.
Roadway Projects. Section 22.38.040 of this chapter contains undergrounding requirements for roadway widening and extension projects.
2.
Service Connections. Section 22.38.030 of this chapter contains undergrounding requirements for service connections.
(Ord. 4318, 1985)
The following words and phrases shall have the meaning indicated,
unless the context or usage clearly requires a different meaning:
The utility service equipment serving more than one individual
parcel.
(1) A new freestanding structure which has utility service;
(2) a structure to which additions are made, within any 24-month period,
which exceed 500 square feet and 50% of the existing floor area; (3)
a structure to which alterations and substantial improvements are
made, within any 24-month period, which exceed 50% of the replacement
value of the structure; or (4) a building, which has utility service,
that is moved to another location or relocated on the same parcel.
The portion of a highway or street improved, designed or
ordinarily used for vehicular travel.
Electricity, telephone, street lighting, cable television,
communications, personal communications, cellular phone service, other
telecommunications and similar services.
The utility service equipment serving an individual parcel.
Facilities for the provision or transmission of electricity,
telephone, street lighting, cable television, personal communications,
cellular phone service, other telecommunications and similar services,
including wires, conduit, poles, supports, antennae, transformers,
insulators, switches, and related or appurtenant facilities.
(Ord. 4318, 1985; Ord. 4907, 1995; Ord. 5048, 1998)
A.
Underground
installation required. All service connections for utilities serving
a new structure or any existing structure located on the same parcel
as a new structure except for distribution facilities shall be installed
or relocated underground, except as permitted by this chapter.
B.
Routing.
Underground service routing for commercial and industrial properties
shall be located in a manner that avoids interference with future
potential building areas.
C.
Trenching. When utilities are being installed as required by this section or Section 22.38.040, cable or conduit shall be installed for all utilities while trenches are open to prevent unnecessary retrenching of driveways, streets and gutters.
D.
Aboveground
installations. Construction plans which are submitted to the City
for approval shall show transformers, pedestals and mounted terminal
boxes and shall be subject to approval of the Chief of Building and
Safety.
(Ord. 4318, 1985; Ord. 4907, 1995)
Whenever a roadway widening or roadway extension project in
the City, whether undertaken pursuant to the provisions of Division
3 of the California Streets and Highways Code, a special assessment
proceeding or otherwise, requires the relocation or extension of existing
overhead utility services, such relocated or extended utility services
shall be located underground pursuant to this chapter. The participation
by the respective utility companies in the costs for relocating or
extending utility services shall be determined in accordance with
the then applicable rules, regulations and tariffs on file with the
California Public Utilities Commission.
(Ord. 4218, 1985)
A.
Procedure.
Whenever the cost of placing utility services underground is so great
as to constitute an unreasonable hardship, the applicant for a City
building permit or other permit or the owner of an interest in the
real property may apply in writing to the Chief of Building and Safety
for relief from the provisions of this chapter. The request shall
contain (1) a detailed description of the overhead utility services
proposed to be placed underground; (2) separate itemized cost estimates
for construction of the project if the utilities were placed or relocated
(a) underground or (b) above ground; and (3) such other information
as needed to determine hardship.
B.
Investigation
and hearing. The Chief of Building and Safety shall investigate the
costs of the project if the utilities were placed underground or relocated
above ground and obtain any other necessary information to make a
determination on the application. Within 20 days after the filing
of the application, the Chief of Building and Safety shall hold a
hearing on the matter at a scheduled time and place.
C.
Unreasonable
hardship; findings. After considering the request for relief, the
Chief of Building and Safety shall determine whether any relief is
proper under the circumstances, including, but not limited to, indefinite
deferral of the undergrounding requirement. The Chief of Building
and Safety shall grant relief only upon the following findings, as
applicable:
1.
The
cost of placing existing utility services underground is either so
exorbitant or disproportionate to the total cost of construction as
to constitute an unreasonable hardship;
2.
No
new utility poles are to be erected;
3.
There
are other overhead utility lines in the immediate vicinity which would
remain even if no waiver were granted;
4.
The
costs of undergrounding exceeds 10% of the project valuation if the
project is a subdivision, or five percent of the project valuation
for a project other than a subdivision, as determined by the currently
adopted valuation tables of the Chief of Building and Safety or through
use of an estimate provided by the architect, engineer or contractor
for the project, whichever is higher;
5.
The
grant of approval would not be inconsistent with the intent and purposes
of this chapter;
6.
Where
the project is or includes, as a substantial portion of the work,
the installation or replacement of utilities distribution facilities
and there are unusual conflicts or other conditions or circumstances
which preclude reasonable measures to install utilities underground,
the Chief of Building and Safety shall provide such relief as is consistent
with the intent and purposes of this chapter; or
7.
Where the project involves the reconstruction, restoration or rebuilding of a single family residence which was damaged or destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy; provided, however, this finding is only available if the affected utility has determined that the required undergrounding is infeasible or not advisable for technical or maintenance reasons. For purposes of this finding only, the payment of in-lieu fees, as provided in paragraph 3 of subsection D below, may be waived by the Community Development Director if the reconstructed single-family residence does not exceed the net square footage of the residence that was legally permitted prior to the damage or destruction.
D.
Required
conditions. If relief is granted by the Chief of Building and Safety,
the following conditions shall be imposed, as applicable:
1.
The
owner must execute and cause to be recorded, on forms to be provided
by the City, a waiver of the right of protest to the formation of
an assessment district proposed for the purpose of undergrounding
utilities; and
2.
An
electric meter enclosure or other enclosure suitable for both overhead
and underground utilities is to be installed; and
3.
The
owner shall pay the City an in-lieu fee of 10% of the project valuation
if the project is a subdivision and (i) the subdivision will contain
more than two new lots; or (ii) more than two dwellings exist or may
legally be constructed within the subdivision; or (iii) the property
is not zoned solely for residential uses. Alternatively, the owner
shall pay the City an in-lieu fee of five percent of the project valuation
for other subdivisions or a project other than a subdivision. Project
valuation shall be determined utilizing valuation tables or through
use of an estimate provided by the architect, engineer or contractor
for the project, whichever is higher. The fees shall be deposited
in a fund to be used only for undergrounding of utilities in the City
and purposes directly related thereto. For subdivisions, the in-lieu
fees shall be paid to the City prior to approval of a Final Map or
Parcel Map. For other projects, the in-lieu fee shall be paid to the
City prior to the issuance of the building permit for the project,
unless a building permit is not required for the project, in which
event the fee shall be paid to the City within 30 days after the granting
of the relief is final.
4.
As
to each subdivision for which a five percent in-lieu fee will be paid,
an agreement approved by the City Attorney shall be recorded which
(i) prohibits more than two lots within the property being subdivided;
(ii) restricts the use of the subdivided property to residential uses;
and (iii) prohibits the construction, maintenance or use of more than
two dwellings on the subdivided property. The agreement shall require
that if there is not compliance with the above conditions and restrictions,
the Owner, at its sole cost, shall cause all utilities within the
property that is subdivided to be placed underground.
5.
Where
the project is or includes, as a substantial portion of the work,
the installation or replacement of utilities distribution facilities
and there are unusual conflicts or other conditions or circumstances
which preclude reasonable measures to install utilities underground,
the Chief of Building and Safety shall provide, as a condition of
any relief from requirements of this chapter, an in lieu payment or
other commitment sufficient to insure placement of overhead conduit
underground to an extent which is equivalent to the extent of the
conduit for which relief is granted.
(Ord. 4318, 1985; Ord. 4399, 1986; Ord. 4455, 1987; Ord. 5048, 1998; Ord. 5503, 2009)
A.
Procedure.
Any determination of the Chief of Building and Safety concerning a
hardship waiver request under this chapter may be appealed by any
interested person to the City Council by filing a written appeal with
the City Clerk within 10 days after the date of such decision. The
decision of the Chief of Building and Safety is final if an appeal
is not filed in a timely manner.
B.
Appeal
requirements. The appeal shall contain (1) a detailed description
of the overhead utility services proposed to be placed underground;
(2) separate itemized cost estimates for construction of the project
if the utilities were placed underground or relocated aboveground;
and (3) the grounds for the appeal.
C.
Scheduling
of hearing. The City Council shall, at its regular meeting next following
receipt of the appeal, set the appeal for hearing.
D.
Granting appeal, unreasonable hardship, findings, conditions. Upon consideration of the appeal, the City Council may grant such relief as it may deem proper under the circumstances, including, but not limited to, indefinite deferral of such requirement. Such appeal may be granted based upon the findings and conditions stated in subsections C and D of Section 22.38.050.
(Ord. 4318, 1985)
Upon application therefor, the Planning Commission is authorized to relieve a property owner from the requirement that it underground all of the utilities provided the Commission finds that (1) the owner cannot obtain a right-of-way or right-of-way entry on an adjacent parcel which is necessary to accomplish the undergrounding; or (2) it is otherwise impossible to underground the utilities. Relief granted under this section shall not be effective unless the Owner (1) pays to the City the lesser of the costs of the undergrounding that is not required or the amount of the fees that would be required to obtain a waiver under Section 22.38.050; and (2) waives the right to protest the amount of that payment. That payment shall be deposited in a fund to be used only for undergrounding in the City and purposes related thereto. The property owner shall have the burden of proof and the decision of the Planning Commission shall be final.
(Ord. 4399, 1986)
The City Council may, by resolution, establish fees for applications
and appeals authorized by this chapter.
(Ord. 4318, 1985)
The Chief of Building and Safety shall have the authority to
promulgate and administer rules and regulations necessary for the
administration and interpretation of this chapter. These rules and
regulations shall be effective only for 30 days after their adoption
unless they are approved by resolution of the City Council.
(Ord. 4318, 1985)
A.
Unlawful
to install. It is unlawful for any person or utility to erect, construct,
place, or install any utility poles, overhead wires, overhead conduits,
or associated overhead structures:
1.
Along
any public or private street, road, drive or access, public right-of-way,
or other corridor in which the electrical power utility distribution
lines or services for electricity have been placed or located underground;
or,
2.
Along
any public or private street, road, drive or access, public right-of-way,
or other corridor in which the principal utilities providing service
for that corridor are maintained underground.
B.
Unlawful
to maintain. It is unlawful for any person or utility to keep, maintain,
continue, employ or operate utility poles, overhead wires, overhead
conduits or associated overhead structures which have been installed,
constructed or otherwise placed in violation of this chapter.
(Ord. 5048, 1998)
Notwithstanding the provisions of Section 22.38.100, overhead facilities may be installed and maintained for a period, not to exceed 30 days, as necessary in order to provide emergency service. Emergency overhead facilities may be installed and maintained for a period in excess of 30 days, but not to exceed 180 days, upon the approval of the Public Works Director.
(Ord. 5048, 1998)
With respect to overhead utility services and notwithstanding the provisions of Section 22.38.100, the City Council may authorize, on such terms and conditions as the Council may deem appropriate, a person or utility to erect, construct, install, maintain, use or operate overhead structures for any of the following services:
A.
Poles,
wires, and associated overhead structures for a period of time longer
than 180 days as necessary to address emergency conditions, or to
correct for damage to, loss of, unusual, or interrupted, utility service(s);
B.
Municipal
facilities or equipment installed under the supervision and to the
satisfaction of the Public Works Director;
C.
Poles
or electroliers used exclusively for street lighting;
D.
Overhead
wires (exclusive of supporting structures) to cross a portion of the
area serviced by underground utilities or connecting to buildings
on the perimeter of such area when such wires originate in an area
from which poles, overhead wires and associated overhead structures
are not prohibited;
E.
Poles,
overhead wires and associated overhead structures used for the transmission
of electric energy at nominal voltages in excess of 34,500 volts;
F.
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;
G.
Antennae,
associated equipment and supporting structures, used by a utility
for furnishing communication services;
H.
Equipment
which is appurtenant to underground facilities, such as surface mounted
transformers, pedestal mounted terminal boxes, meter cabinets and
concealed ducts;
I.
Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects; and,
J.
Poles,
wires, and associated overhead structures which were existing in place
on January 1, 1997.
(Ord. 5048, 1998)
In order to provide for coordination of conduits and protection
for existing utility services, it shall be unlawful for any person
or utility to place, install, construct or maintain overhead or underground
utilities lines, conduits, poles, services or other improvements within
a City street, public alley or other public right-of-way without approval
by Public Works Permit issued by the Public Works Director.
(Ord. 5048, 1998)
