Chapter 17.50 — PROPERTY AND UTILITY IMPROVEMENT

The purpose of this chapter is to establish rules and regulations that govern the installation of curbs, gutters, and sidewalks and the undergrounding of all utilities in the city. These requirements, in conjunction with other applicable requirements of this title, are intended to establish the applicability of said requirements of development in all new industrial, commercial, residential subdivisions, and infill projects. This section addresses the applicability of public utility improvements and is not intended to supersede the city's construction improvement standards. (Ord. 2010-02 § 1 (part), 2010)

Installation of curbs, gutters, and sidewalks shall be required for all new development projects, including new industrial, commercial, residential subdivisions, and residential or mixed-use infill projects, subject to the requirements listed below.

A. The requirement for sidewalks for an infill project may be waived by the Planning Commission during the project review process if the Planning Commission determines, based on discussions with the Public Works Director and the Zoning Administrator, that continuous sidewalks within the area in which the infill project is located are not feasible and/or necessary. Where no other Planning Commission review of the project is required, sidewalk installation requirements may be waived through a variance procedure as described under Section 17.12.130 (Variance).

B. The requirement for curb and gutter improvements for an infill project may be waived by the Planning Commission during the project review process if the Planning Commission determines, based on discussion with the Public Works Director, that such improvements are not and will not be necessary within the project vicinity. Where no other Planning Commission review of the project is required, curb and gutter installation requirements may be waived through a variance procedure as described under Section 17.12.130 (Variance).

C. Some city streets will not require curbs, gutters, and/or sidewalks. Specific streets where the city will not require such improvements may be designated through action of the City Council, based on discussion with the Public Works Director and Zoning Administrator and recommendation of the Planning Commission. (Ord. 2010-02 § 1 (part), 2010)

The requirements listed below govern the undergrounding of utilities, including telephone facilities, electrical (69kV or less), fire alarm conduits, street lighting wiring, cable television and other wiring conduits, and similar facilities.

A. New Developments. In new development areas of the city, all on-site utilities shall be installed underground, if feasible.

B. Existing Developments. In existing areas of the city where utilities have not been undergrounded, the requirements listed below shall apply.

1. For an existing development that is either being comprehensively redeveloped or undergoing an addition of building square footage totaling twenty-five percent (25%) or more of the existing gross floor area within any five (5)-year period, all utility on the project site having the capacity to serve the project shall be undergrounded. All existing overhead utilities that cross or abut the subject property are also required to be undergrounded. “Comprehensively redeveloped” shall mean any instance where a demolition permit has or would be issued for a minimum of fifty percent (50%) of the existing building area.

2. For development with less than five hundred (500) feet of public frontage or where utilities are located within a dedicated public utility easement, the applicant may elect to pay an in-lieu fee as established by City Council resolution, provided the project has been designed to the satisfaction of the Public Works Director and the project is accessible and can be easily improved at such time as the utilities are undergrounded.

C. Waiver of Undergrounding Requirement. Above-ground meters, transformers, condensers, switches and other related equipment may be allowed if approved as part of the site development review process. If the applicant demonstrates that the city's undergrounding requirement has the effect of prohibiting the requirement of telecommunications facilities, the approving authority shall waive the undergrounding requirement. Conditions for approval of above-ground equipment include, but are not limited to, enclosure in a building other than the principal building of the development, screening with the use of walls, partial subsurface locations and other architectural treatment consistent with the design of the development. (Ord. 2010-02 § 1 (part), 2010)