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.
3. 
Subdivisions. Section 27.08.025 of this code contains undergrounding requirements for subdivisions.
4. 
Underground Districts. Chapter 22.40 of this title contains undergrounding requirements for underground utility districts that have been established pursuant to this code.
(Ord. 4318, 1985)
The following words and phrases shall have the meaning indicated, unless the context or usage clearly requires a different meaning:
Distribution Facilities.
The utility service equipment serving more than one individual parcel.
New structure.
(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.
Roadway.
The portion of a highway or street improved, designed or ordinarily used for vehicular travel.
Utility.
Electricity, telephone, street lighting, cable television, communications, personal communications, cellular phone service, other telecommunications and similar services.
Service Connections.
The utility service equipment serving an individual parcel.
Utility Service Equipment.
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.
E. 
Inapplicability to subdivision approvals. This section does not authorize the waiver of any subdivision map condition related to undergrounding of utilities except as authorized by subsection D above and Section 27.08.025 of the code.
F. 
Termination of authority. The authority to grant relief pursuant to this section or Section 22.38.060 shall terminate should a court of competent jurisdiction determine that the City may not lawfully impose or collect the in-lieu fee specified in subsection D of this section.
(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)