Part 1 — GENERAL PROVISIONS

For the purpose of this part, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DIRECTOR. The City Planner of the city.

PROPERTY. Real property located within the city:

(1) Which is either undeveloped, i.e., having no buildings or structures located thereon;

(2) Property which is proposed to be converted to a different use by the construction of new buildings and structures and/or the demolition, removal or structural reconstruction of existing buildings or structures located thereon; or

(3) Property which is included in a subdivision or lot split proceeding.

UNDERGROUNDING. The location or relocation of utilities so that all of the utility facilities are located under the surface of the ground, except for appurtenances and associated equipment, including but not limited to, surfacemounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. All such undergrounding work, where required, shall be constructed and maintained in accordance with all applicable laws, rules and regulations, including but not limited to, rules and regulations and tariffs, applicable to the affected utility, adopted or approved by the Public Utilities Commission of the state.

UTILITY or UTILITY FACILITIES. Wire, conduit and similar devices designed and/or services, telephone, telegraph or cable television service to a consumer.

('83 Code, § 12.36.010) (Ord. 820, passed - -81; Am. Ord. 837, passed - -82)

Notwithstanding any other provision of this code, the undergrounding of utility facilities shall be required in all of the following circumstances, except as expressly provided in this section:

(A) Subdivisions. All utilities to serve property included in a subdivision, for which a tentative map is filed or amended, after the effective date of the subchapter.

(B) Lot splits. All utilities to serve properties included in a lot split proceeding, for which a parcel map therefor is filed, or amended, after the effective date of this subchapter.

(C) Other. All utilities to serve any other property upon which it is proposed to construct or reconstruct any building or structure, or combination thereof, for which one or more building permits is required, where the estimated cost of the construction is $3,000 or more.

(D) Relocations. All structures to be relocated into or within the city upon any parcel of land shall be required to install underground utilities where the usable floor area of the building or structure to be relocated is a total of 850

square feet or more.

(E) Responsibility for compliance. The owner and/or person who occupies any property to which this subchapter applies shall be responsible for compliance therewith, including but not limited to obtaining the installation of required facilities by the appropriate utility company or companies.

('83 Code, § 12.36.020) (Ord. 820, passed - -81; Am. Ord. 837, passed - -82) Penalty, see § 10.99

Statutory reference:

Underground utility districts, see Cal. Sts. & High. Code §§ 5896.1 et seq.

The Director shall grant an exemption from the provisions of this subchapter if he finds all of the following facts present:

(A) All adjacent properties are served by overhead utility facilities;

(B) The compliance with the provisions of this section constitute an undue financial hardship which renders the proposed development economically unfeasible; and

(C) The owner of the property involved agrees, in written form as approved by the City Attorney, to join and participate in an undergrounding utility district should one be initiated pursuant to applicable law, within ten years after the date upon which a building permit for such buildings or structures is issued, without protest as to the formation of such district. The agreement shall be recorded and shall bind, for the period of time, all assignees and successors in interest to the then owner of the property.

('83 Code, § 12.36.030) (Ord. 820, passed - -81; Am. Ord. 837, passed - -82)

Within ten days after the decision of the Director, any person aggrieved by the Director's decision may appeal the decision to the City Council. The appeal shall be filed in the same manner as required by § 30.04, together with a filing and processing fee in a sum as set by resolution of the City Council. The action of the City Council on the appeal shall be final and conclusive.

('83 Code, § 12.36.040) (Ord. 820, passed - -81; Am. Ord. 837, passed - -82)