Pursuant to the requirements of this section, whenever:
A. Any tentative tract or parcel map or map for the reversion of lots to acreage is filed; or
B. A use or building permit is requested for the development or redevelopment of new or relocated buildings or structures; or
C. The addition of floor area equal to or in excess of twenty-five percent of the existing floor space of an existing building or structure is proposed in any zone except R-1; or
D. The installation of a new electrical service for any existing building or structure is proposed in any zone except residential zones where a stubout is provided for future use; or
E. The conversion of a residential building to a nonresidential use is proposed; then all new or proposed electrical, telephone, community antenna television and similar wires, cables, service and appurtenances which provide direct service to the property being subdivided, divided or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure, or development being added to or rebuilt shall be undergrounded as a condition precedent to the approval of such tentative or final parcel map, subdivision tract map, use or building permit by the Planning Commission, City Council, Director of Development Services, City Engineer, or City staff, whichever is applicable. All new line extensions of existing electric power, telephone, communication and cable television lines, hereinafter constructed in the city shall be placed underground. All utility undergrounding shall be installed and performed at no expense to the City, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission.
1. Exceptions. The provisions of this section shall not apply to:
a. Any municipal equipment or facilities installed under the supervision of and to the satisfaction of the City Engineer;
b. Poles, overhead wires and cables and associated overhead structures and appurtenances used for the transmission of electrical power at nominal voltages in excess of thirty-four thousand five hundred volts;
c. Antennas, receivers, associated equipment and supporting structures used by a utility for communication services;
d. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestals, terminal boxes, meter cabinets, vents and the like;
e. Temporary poles, wires and overhead structures and associated equipment used or to be used in conjunction with construction projects, or installed and maintained for a period of ten days or less for emergency reasons;
f. Any equipment or facilities owned or operated by the State or the Federal government.
2. Existing Facilities. The provisions of this section shall not prohibit the maintenance and operation of existing overhead utility facilities, nor prohibit the installation of overhead service lines to facilities already served overhead by the same utility when approved by the City Engineer, nor prohibit the connection of underground service lines to overhead existing distribution equipment. A utility may intersect additional poles or other supporting structures or increase the height of existing poles or other supporting structures if such work takes place within the existing easements and pole lines of existing overhead facilities, and may continue to maintain, repair, replace and reinforce any facility or structure existing on or before the effective date of the ordinance codified in this chapter.
3. Appeal. Where the enforcement of the provisions of this section would result in undue hardship on the part of a utility, subdivider or developer, application for exception from the provisions herein may be made in the following manner. Conditions imposed by the Planning Commission or by the City Council are excluded from this appeal process.
a. Written application shall be filed with the Department of Development Services, with a copy to the City Engineer;
b. Such written application shall include all information, facts and figures necessary to properly advise and inform the Development Services Director and the City Engineer of the circumstances which require such appeal and create the hardship;
c. The Director of Development Services shall consider the application and the facts thereon, and shall, within twenty days after its filing, grant or deny the appeal or modify the requirements which caused the appeal and shall notify the appealing party in writing of his decision. Any action or decision taken or made by the Director of Development Services may be appealed to the Planning Commission and thereafter to the City Council, if necessary, in the same manner as required for appeals from the requirements of a use or building permit. For subdivision, tracts and lot divisions, any exception and appeal shall also be approved by the State Public Utilities Commission, if so required by the Director of Development Services.
(Ord. 2722 (part), 1990).