A developer shall provide for the undergrounding of all existing and proposed utility distribution or transmission facilities, which include but are not limited to electric, natural gas, irrigation district canals, cable television, telephone and other communication facilities, within or abutting the subdivision or development.
A. 
This chapter does not apply to:
1. 
High voltage transmission lines, transmitting 45,000 Kva or more;
2. 
Major transmission canals such as the Putah South Canal;
3. 
Equipment appurtenant to underground facilities such as surface-mounted transformers or control or manifolding structures, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and
4. 
Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. These temporary facilities may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or which comply with the requirements of this title, the Uniform Building Code and other applicable regulations.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
In cases where there is an extreme hardship, such as a property that has a very narrow frontage and the adjacent parcels have above ground placement of utilities, an exception to the requirement to underground new or existing utility wires or lines, or irrigation district canals, may be granted in conjunction with the approval of a tentative map, parcel map or land development permit.
A. 
A request in writing shall be submitted with the tentative map, parcel map or land development permit application stating specifically the reasons why an exception to the undergrounding requirement should be granted.
B. 
The public notice for any project that requests an exception shall incorporate into the project description a statement that the project is requesting an exception to the requirement that all or a portion of the new and existing utility facilities be undergrounded.
C. 
The authority to grant a request for an exception shall be as follows:
1. 
City Council Approval.
a. 
Overhead facilities located along a public street or a freeway, except as noted in subsection C.(2) of this section; or
b. 
Irrigation district canals;
2. 
Decision Maker.
a. 
Facilities not along a public street shall be considered by the decision maker for the project as specified in this title; or
b. 
Facilities within the boundaries of the downtown area, as designated in the General Plan, shall be considered by the decision maker for the project as specified in this title;
3. 
The Planning Commission may make a recommendation to the City Council on the request for an exception to the undergrounding requirement as part of their action related to any project for which they are a recommending body or the decision maker.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
The decision maker, when granting an exception, shall adopt findings of fact. These findings shall include, but not be limited to, the following:
A. 
That the strict or literal interpretation and enforcement of this regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Land Use and Development Code;
B. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the use of the property which do not apply generally to other tentative map, parcel map or land development permits which have been subject to undergrounding requirements;
C. 
That the granting of the exception would not constitute a grant of special privilege inconsistent with the requirements applied to other tentative map, parcel map or land development permits which has been subject to undergrounding requirements; and
D. 
That the granting of the exception would not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.
(Ord. 1972, Repealed and Replaced, 02/22/2022)