§ 10-2.702.5 UTILITIES.
   Each unit or lot within the subdivision shall be served by gas (if required), electric, telephone, and cablevision facilities. All utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Commission regulations. Cablevision facilities shall be installed in accordance with plans approved by the City Engineer.
   (A)   The subdivider may request that the undergrounding requirement along existing perimeter streets be waived by the Planning Commission. Undergrounding requirements may be waived or modified by the Planning Commission only upon making the following findings:
      (1)   The subdivision is located adjacent to existing subdivision/development where existing utilities have not been placed underground;
      (2)   The exemption will be allowed since undergrounding is impractical due to the locational characteristics or physical constraints;
      (3)   Existing residential subdivisions immediately adjacent to the proposed project are absent similar improvements; or,
      (4)   Consideration of an incentive is desired based on a proposal to provided residential units for lower income households.
   (B)   Exceptions to the underground installation requirement for existing utilities along existing perimeter streets may be granted by the Planning Commission under the following circumstances:
      (1)   Exemptions may be granted for in-fill subdivisions which do not have any street or residential access to the perimeter street where underground installation of existing utilities would be required, where dedications and improvements would match the adjacent street pattern, and where street improvements would not require the relocation of the utilities;
      (2)   Exemptions may be granted for in-fill subdivisions which are designed with street access to the perimeter street where undergrounding existing utilities would be required, where dedications and improvements would match the adjacent pattern, and when the number of new poles required to be installed with the underground installation would exceed the number of poles eliminated; or,
      (3)   Exemptions may be granted for in-fill subdivisions for lower income households on two acres or less which can qualify for an Environmental Quality Act exemption, which have no public financial assistance, and for which a legal commitment can be made to ensure the availability of the units for 15 years.
   (C)   "In-fill" subdivisions for the purpose of this code shall be defined as having existing urban development immediately adjacent on at least two sides.
   (D)   Installation of conduit to assist in a later underground project, or requiring a cash deposit with the city equivalent to the cost of such installation to assist in placing the existing utilities underground at a later date, may be required by the Planning Commission as a condition to granting an exemption.
   (E)   In-fill subdivisions which are designed to front on and allow direct residential access to the perimeter street shall place existing utilities underground in all cases.
   (F)   In-fill subdivisions which require a greater street width in terms of dedication and improvement than the adjacent residential developments shall place existing utilities underground in all cases.
   (G)   The placement of existing utility lines along the perimeter streets of a new subdivision underground shall be considered a part of the reimbursable street and public utility improvements for the subdivision. The reimbursement provisions of § 10-3.4.0109 of the Municipal Code shall apply to completing this portion of a subdivision's required street improvements..
('61 Code, § 10-2.702.5) (Ord. 252 C.S., passed 8-3-81; Am. Ord. 659 C.S., passed 7-3-96)