Except as provided in Section 17.84.060 or where payment of an in-lieu fee is authorized, all new and existing overhead utility lines shall be installed underground in conjunction with any development, including the removal of the related supporting poles adjacent to and within the limits of the development as provided in this chapter, at the applicant's expense.
A. 
Arrangements, including the payment of all costs for undergrounding, shall be made by the applicant with the serving utilities.
B. 
Undergrounding shall be completed:
1. 
Prior to the acceptance of related street improvements; or
2. 
Prior to issuance of a certificate of occupancy if no related street improvements are required.
(Ord. No. 1045, 9/3/2025)
In those circumstances where the city engineer decides that undergrounding is impractical, the applicant may satisfy the undergrounding requirement by paying an in-lieu fee in accordance with the formula set forth in Section 17.84.050. The in-lieu fee shall be paid to the city prior to the approval of the final subdivision map, or building permit, whichever occurs first. The city engineer may determine undergrounding is impractical if any of the following conditions exist:
A. 
The length of the lines to be places underground will be less than 300 feet and the utility lines have not been placed underground on any property abutting the subject property;
B. 
Severe disruption to existing off-site improvements or heavy congestion of utility lines would make impractical service to properties under separate ownership; or
C. 
Any other condition that city engineer finds exists and will make undergrounding impractical.
(Ord. No. 1045, 9/3/2025)
Undergrounding shall include the development's entire frontage and extend to: (i) the first existing pole off-site from the development's boundaries (across the street for corner properties); (ii) a new pole erected at a development's boundary (across the street for corner properties); or (iii) an existing pole within five feet of a development's boundary, except a corner.
(Ord. No. 1045, 9/3/2025)
The in-lieu fee amount shall be equal to the amount identified in a detailed project specific construction cost estimate approved by the city engineer and prepared by a qualified engineer registered in the state of California. The cost for preparation of the required construction cost estimate shall be borne by the applicant.
(Ord. No. 1045, 9/3/2025)
A. 
The following developments shall be exempt from undergrounding utility lines as required by this chapter:
1. 
The addition of functional equipment to existing developments, such as: loading docks, silos, satellite dishes, antennas, water tanks, air conditioners, cooling towers, enclosures of outdoor storage area, parking and loading area, block walls and fences, etc.
2. 
Building additions or new free standing buildings of less than 25% of the floor area of the existing building(s) on the same assessor's parcel, or 5,000 square feet, whichever is less.
3. 
Exterior upgrading or repair of existing developments, such as: reroofing, addition of trellis, awnings, landscaping, equipment screening, repainting and exterior finishes, etc.
4. 
Interior tenant improvements and non-construction CUPs.
5. 
Projects consisting of the construction of one single family residence on an existing parcel.
6. 
Existing overhead utility lines located in public and private rights-of-way, including, but not limited to, streets, trails, alleys, and utility easements where heavy congestion of utility lines would make impractical service to properties under separate ownership.
7. 
Residential subdivisions of 10 or fewer single family residential parcels, where utility lines extend at least 600 feet off site from both project boundaries.
8. 
Where otherwise preempted by state law.
B. 
Notwithstanding the foregoing, there is no exemption to the requirement to underground overhead utilities under this chapter for projects within the boundaries of:
1. 
(a.) General Plan Focus Area 1: Downtown Rancho Cucamonga (Victoria Gardens & Epicenter); (b.) General Plan Focus Area 2: Civic Center; (c.) General Plan Focus Area 3: HART District; and (d.) General Plan Focus Area 8: Southeast Industrial Area, as all such focus areas are defined by the general plan and shown in a resolution approved by the city council.
2. 
Any specific plan or master plan adopted by the city council.
(Ord. No. 1045, 9/3/2025)
A. 
Funds collected from in-lieu fees shall be spent in the region in which the development from which the funds were collected is located. For purposes of this chapter, the regions shall be identified in a map that is approved by the council in a resolution and the official copy shall be on file in the engineering division.
B. 
Once the city has collected sufficient funds from in-lieu fees within a region to underground a section of utility lines, the city may underground a section of utility lines within that region.
(Ord. No. 1045, 9/3/2025)
A. 
An applicant adversely affected by the city engineer's determination that undergrounding is or is not impractical pursuant to Section 17.84.020 or contesting the amount of the in-lieu fee may appeal such determinations to the city council.
B. 
All appeals shall be in writing and shall state the reason why utility undergrounding is unreasonable or impractical or the in-lieu fee was unreasonable or erroneously calculated. Appeals in instances finding undergrounding is not impractical shall include a preliminary estimate of cost, in writing, from the serving utilities.
C. 
An applicant may initiate an appeal by filing a notice of appeal with the city clerk within 20 days after the date on which the city engineer takes the action appealed from and paying the applicable fee, which shall be set by resolution.
D. 
The city council shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to the appellant of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such persons at their last known addresses.
E. 
The city council shall have the authority to determine all questions raised on such appeal.
F. 
City council determinations are final.
(Ord. No. 1045, 9/3/2025)