Cupertino Municipal Code Ch. 14.24 Underground Utilities–new Developments\

Underground public utilities improve the aesthetic quality of a development, and stricter requirements in open areas may preserve natural beauty. A chapter providing for standards to further these goals will give areas of the City a more contemporary aspect and will help to preserve property values in the future.

This chapter deals mainly with the public utilities in new developments. It is the intent of the City to enact another ordinance at a later date, in order to provide for gradual conversion of existing utilities from overhead to underground.

(Ord. 331, § 1, 1966)

A. “Development area” means an area for which one contiguous development plan, tentative map or record of survey has been submitted to the Planning Commission.

B. “Development plan” means a plan for a development area, meeting all the requirements as to form and content of a tentative map required in Chapter 18.08, and containing additional information, including but not limited to the following: Types of buildings and areas for the public in general or reserved for occupants of the development area or part thereof; proposed restrictive covenants and/or documents providing for maintenance; driveways, tables showing distribution of area; intended time schedule for construction.

C. “Distribution line” means an electric supply line with a nominal voltage of twenty-two thousand volts or less or a communication line.

D. “Overhead lines and structures” means conductors, wires, poles, towers, supports, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, attachments and appurtenances located above ground and used or useful in supplying electric, communication, or similar or associated services.

E. “Public utility” means a distribution facility, owned and/or operated by the City or another government agency or by a private utility company, intended to distribute water, gas, heat, electricity, communications, and similar supplies.

F. “Transmission line” means electric supply line with a nominal voltage of more than twenty-two thousand volts.

G. “Service facilities” means conductors, whether overhead or underground, necessary to:

1. Connect the service entrance conductors of customer to a utility’s supply line, regardless of location of the utility's meters or transformers;

2. Extend a communication distribution line to customer’s premises.

(Ord. 331, § 2, 1966)

A. All utility distribution facilities, including but not limited to electric communication and cable television lines, installed in and for the purpose of supplying service to any new development area within the City, shall be placed underground from the date the ordinance codified herein takes effect; except in cases specified in Sections 14.24.040 through 14.24.080.

B. The developer shall be responsible for complying with the requirements of this chapter and other related ordinances and regulations of the City, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities.

(Ord. 331, § 3, 1966)

A. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts, is excepted from the requirements of Section 14.24.030 A. When required by the City Engineer, such appurtenant facilities shall be effectively screened from view by landscaping or other means; plans for said screening shall be subject to approval by the City Engineer. Appurtenant facilities which are installed and owned by the developer are also excepted when approved by the City Engineer and the Chief Building Inspector.

B. Poles used exclusively for street lighting, police and fire alarm boxes, traffic control facilities, or any similar municipal equipment installed under the supervision of and to the satisfaction of the City Engineer or the Building Official shall be excepted from the requirements of this chapter.

C. When undergrounding of utilities results in a substantial visual impact by increasing the mass of overhead lines and structures, the requirements of this chapter shall be excepted.

(Ord. 1651, § 1 (part), 1994; Ord. 331, § 4, 1966)

The provisions of Section 14.24.030 A shall not apply to agricultural and agricultural-residential areas, for which general zoning ordinances or conditions to a rezoning, or a tentative map, require a minimum lot size of five acres or more; nor shall they apply to heavy industrial (MR) zones.

(Ord. 331, § 5, 1966)

A. Cases stated in the following subsections will be excepted from the provisions in Section 14.24.030 A; provided that the City Planner makes a finding that they qualify according to the intent of the chapter. Rulings by the City Planner may be appealed to the Planning Commission. The City Planner shall submit borderline cases to the Planning Commission for decision.

B. Connecting distribution lines through undeveloped areas are permitted as overhead lines until the time when the area is developed; or for a shorter time as specified by the City Planner.

C. Connecting distribution lines through permanent open space, such as large parks predominantly remaining in natural state, will be permitted as overhead lines; provided that such lines are located and designed to make them compatible with the park. The City Planner shall consult with the proper authority or authorities concerned with the planning and aesthetics of the park.

D. Transmission lines will be permitted as overhead lines; provided that location of right-of-way and towers, masts or poles minimizes obstruction of view and the design is aesthetically compatible with the area.

(Ord. 331, § 6, 1966)

A. The Planning Commission may, through the granting of a planned development and/or use permit, waive requirements for underground utilities, in whole or in part, where an applicant shows, to the satisfaction of the Commission:

1. That there are exceptional or extraordinary topographical, soil or other conditions or circumstances not common to similar developments, which would make undergrounding of utilities an undue hardship on the applicant; and

2. That the granting of an exception would not be detrimental to health, safety and public welfare; or injurious to property values or improvements in the neighborhood.

B. Specifically, a development area adjoining previously developed areas with overhead utilities on at least three sides may be excepted from underground requirements, unless they are required by some other ordinance of the City.

(Ord. 2056, (part), 2010; Ord. 331, § 7, 1966)

A. Development areas where street construction has been completed to the full width of the right-of-way on the effective date of the ordinance codified herein shall be excepted from the provisions of Section 14.24.030 A.

B. Development areas, for which an application for approval of a tentative map has been filed before the effective date of the ordinance codified herein shall be excepted from the provisions of Section 14.24.030 A; provided that the tentative map has been or is subsequently approved by the City Council; further provided that street construction is begun within one year and is completed within two years of either the date of approval by the City Council of the tentative map, or the effective date of the ordinance codified herein, whichever date is the latest.

C. Any part of a development area where street construction has not been completed at the date set forth in the above subsection B shall be provided with underground utilities in accordance with this chapter; except that the City Engineer may permit an extension of the deadline date in cases where delays are due to an act of God or other circumstances beyond the control of the developer or utility company or agency. Delay due to slower progress of the sale, lease or rental of homes, apartments or other property than anticipated shall not constitute a reason for extension of this deadline.

(Ord. 1651, § 1 (part), 1994; Ord. 331, § 8, 1966)