Jurupa Valley Municipal Code Ch. 7.50 Electrical and Communication Facilities

A. All existing and new electrical power, telephone or other communication, street lighting, and cable television lines shall be placed underground. Through the process of undergrounding existing and new electrical power, telephone or other communication, street lighting, and cable television lines, the addition of poles is not allowed.

B. The owner or land divider is responsible for complying with the requirements of this section and shall make necessary arrangements with the serving agencies for the installation of such facilities. Arrangements, including payment of all costs, for undergrounding utility lines as required by this section shall be made by the land divider or owner of the property to be developed.

C. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, concealed ducts, and pedestal mount terminal boxes and meter cabinets may be placed above ground, subject to city guidelines for screening of such facilities. The undergrounding of existing utility lines shall include only those which are located:

(1) Within the boundaries of the property being developed; or

(2) Within the public right-of-way adjacent to the property and extending to the first existing utility pole beyond the property's boundaries.

D. Undergrounding shall be completed:

(1) Prior to the inspection approval of related street improvements; or

(2) Prior to certificate of occupancy if no related street improvements are required.

Notwithstanding the foregoing, temporary power poles are permitted for the purpose of, and only during the duration of, construction. Temporary power poles and all appurtenances must be removed as a condition of receipt of a certificate of occupancy.

E. The City Council may establish by resolution a fee that may be paid in lieu of undergrounding existing overhead utility lines. The in-lieu fee shall be paid to the city prior to the approval of the final subdivision map, or building permit, whichever occurs first. A developer may pay the fee in lieu of undergrounding existing utility lines in the following situations:

(1) The length of utilities lines to be placed underground will be less than three hundred (300) feet and the utility lines have not been placed underground on any property abutting the subject property.

(2) Existing on-site utility lines also serve property under separate ownership.

(3) The City Engineer determines that undergrounding would not result in a net reduction of utility poles.

(4) The expansion of an existing building or buildings on a site if the proposed expansion does not increase the total gross floor area of the building or buildings by more than one hundred (100) percent. In such cases, the amount of the in-lieu fee to be paid shall be prorated based on the percentage increase in total gross floor area on the site.

(5) The demolition and reconstruction of all or part of an existing building or buildings on a site if the total gross floor area of the buildings on site will be increased by no more than one hundred (100) percent. In such cases, the amount of the in-lieu fee to be paid shall be prorated based on the percentage increase in total gross floor area on the site.

(6) The City Engineer determines that existing utility lines cannot be placed underground without severely disrupting existing improvements.

(7) The physical or legal character of existing utility easements will not allow utility lines to be placed underground.

F. Underground lines shall not be required:

(1) For any part of a land division as to which an existing overhead line is in a street or easement adjacent to the lot or lots to be served from the line or from one (1) or more additional lines on the same poles.

(2) In any land division or portion thereof where it is determined that, due to severe soil or topographical problems in the greater portion of the land, underground installation would be unreasonably costly and the use of overhead lines would not result in a negative impact to the public health, safety or welfare to other property in the vicinity.

(3) The construction of an accessory structure or accessory dwelling unit on a lot with an existing single-family residence, however, shall be installed underground to the new structure.

(4) The expansion of an existing building or buildings on a site where the total gross floor area of the building or buildings will be increased by no more than thirty (30) percent.

(5) The demolition and reconstruction of all or part of an existing building or buildings on a site where the total gross floor area of the buildings on site will be increased by no more than thirty (30) percent.

(6) The reconstruction of an existing building damaged by fire, flood, earthquake or other cause over which the owner had no control.

(7) In any case in which there are electrical distribution lines over thirty-four thousand five hundred (34,500) volts or that are otherwise considered by the electric utility to be high voltage or a part of the electrical utility backbone.

G. Any developer may request a waiver of all or a portion of the requirements of this section or appeal any determination made by city staff under this section. If a planning application is pending for the property, then the request for waiver or appeal shall be heard in conjunction with the planning application, provided all property owners within one thousand (1,000) feet of the property are mailed notice of the proposed action at least ten (10) days prior to the consideration. If a planning application is not pending for the property, then the waiver or appeal shall be made pursuant to the procedures in Section 2.05.050 and 2.05.060 of this Code, provided all property owners within one thousand (1,000) feet of the property are mailed notice of the proposed action at least ten (10) days prior to the consideration. A waiver may be granted if the reviewing body determines that:

(1) The costs of undergrounding existing utility lines and/or paying the in lieu fee would present a financial burden upon the developer that is unfairly out of proportion to the customary and reasonable costs of constructing the development, as verified by the City Engineer;

(2) The use of overhead facilities is not inconsistent with the goals and purposes of this section;

(3) Granting the waiver would not otherwise result in a negative impact to the public health, safety or welfare; and

(4) The developer is not receiving a special privilege not otherwise enjoyed by other property in the vicinity.

An appeal may be granted if the reviewing body finds that any provision of this section was improperly applied to the developer.

H. When arrangements are made with the serving agency, a letter stating that arrangements have been made for underground facilities and such other comments the agency may have regarding easements, utility locations, and other pertinent matters must be submitted by the agency to the City Engineer.

I. Distribution lines must be underground when alignments parallel or cross scenic highways, natural scenic and historic sites, recreation areas, wildlife refuges, national and state monuments or other unique natural resources when it is deemed feasible.

J. Street lighting shall conform to the provisions and processing procedures as outlined in Section 22 of County Ordinance No. 461.

(Ord. No. 2020-12, § 1, 10-1-2020)