Chapter 16.34 — UNDERGROUNDING OF UTILITIES

For any new structure or any remodeling or addition involving both a service change and a valuation exceeding eight percent of the assessor's fair market value for the existing structure, underground installation of all utility service laterals and equipment is required if a utility pole on the abutting street is situated within one hundred feet of the property lines for the new or remodeled structure. This includes, but is not limited to, electric, telephone and cable television lines, which must be underground, in accordance with utility-filed rules approved by the state public utilities commission, to the point of connection with the utility distribution facilities. The words "utility service laterals and equipment," as used in this section, do not include equipment appurtenant to underground utilities such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and risers from concealed ducts.

(Ord. 97-7 Div. 4 (part), 1997.)

Any property owner aggrieved by the provisions of Section 16.34.010 may appeal to the city manager, in writing, specifically setting forth why a waiver should be granted. The city manager may require the applicant to provide supporting information, including reports related to technical and economic aspects of construction and development prepared by a qualified person. A waiver may be granted by the city manager upon the finding that topography, soil or other conditions make underground installation of utility service laterals and equipment unreasonable or impractical, or that such installations involve an unnecessary or unusual hardship pertaining to the specific parcel of land. In approving such a waiver, the city manager shall have the authority to impose such conditions as he or she deems necessary to protect the best interests of the surrounding area or neighborhood. The decision of the city manager may be appealed to the council by any person affected by such decision.

(Ord. 97-7 Div. 4 (part), 1997.)

Overhead utility distribution facilities may be permitted along street frontages of the parcels subject to Section 16.34.010 when approved by the city manager.

(Ord. 97-7 Div. 4 (part), 1997.)