(A)   Smaller projects - A “smaller project” is construction or land development subject to this article which is carried out in its entirety on less than ten acres and which involves construction of less than 134,000 square feet of floor area.
      (1)   Notwithstanding section 21-26(A), and except as otherwise provided in this subsection, developers of smaller projects may choose to:
         (a)   Comply fully with section 21-26(A);
         (b)   Unless section 21-26(D)(2) applies, comply with section 21-26(A) to the extent of providing undergrounding for a minimum cost project approved by the city engineer as provided in subsection (B) of this section; or
         (c)   Make to the city the in-lieu payment provided in subsection (C) of this section.
      (2)   If poles must be relocated in order to provide street improvements or other public improvements, and the cost of undergrounding which removes the poles to be relocated exceeds the minimum cost provided for in subsection (B) of this section, the city engineer may, in his or her discretion, require that the undergrounding be accomplished pursuant to subdivision (b) above and agree to reimburse the developer in the amount that the cost of undergrounding exceeds the minimum cost for that project. In such case, the developer may not choose subdivision (c) above and may choose subdivision (a) above only if compliance with section 21-26 removes the poles to the same extent as the city engineer would require under subdivision (b) above, or to a greater extent.
   (B)   Minimum cost projects -
      (1)   The developer of a smaller project may perform less undergrounding than is required by section 21-26(A) if the cost of the undergrounding performed is at least equal to a certain amount per square foot of floor area to be constructed. The city engineer will determine such cost on the basis of construction plans submitted when the developer applies for a building permit.
      (2)   The developer's determination of the undergrounding to be performed as a minimum cost project must be approved by the city engineer before a building permit may be issued or work begun on the project or on the undergrounding.
      (3)   The amount to be paid per square foot is $1.3202 for smaller projects in the Oxnard Shores Zone and $0.1726 for smaller projects elsewhere.
      (4)   The Oxnard Shores Zone is bounded by Harbor Boulevard on the east, Amalfi Way on the south, the shoreline on the west, and Fifth Street on the north. A map of the Oxnard Shores Zone is on file with the city clerk.
   (C)   In-lieu payments for smaller projects -
      (1)   In lieu of undergrounding and subject to the following provisions, the developer of a smaller project may pay to the city an amount equal to the minimum cost for the project provided in subsection (B) of this section.
      (2)   The developer of a smaller project may have an independent impact analysis performed to determine the impact of the project on the need to underground facilities within the city.
      (3)   The city engineer may require the developer of a smaller project to submit such an independent impact analysis if the nature, size, location or density of use of the project indicates that the demand for undergrounding facilities within the city would be substantially higher than that assumed for purposes of establishing the in-lieu payment.
      (4)   Such an independent impact analysis shall be prepared in accordance with city procedures, standards and guidelines.
      (5)   All costs related to the independent impact analysis shall be paid by the developer.
      (6)   Prior to submittal of any independent impact analysis, the developer shall meet with the city engineer to review the scope, standards, procedures and preliminary findings of the independent impact analysis.
      (7)   When the independent impact analysis shows that the impact of the specific development proposal varies substantially from the level of impact used in the in-lieu payment calculations, the payment amount shall be calculated using the methodology established in the staff report concerning this ordinance, dated July 11, 1989.
      (8)   All payments calculated pursuant to subsection (C)(7) shall be established by the city council.
   (D)   In-lieu payments when undergrounding waived - When undergrounding is waived by the city engineer as infeasible, as provided by subsection (F) of section 21-26, the developer of the construction or land development, whether or not it qualifies as a “smaller project” under subsection (A) of this section, shall pay to the city an amount equal to the minimum cost for the construction or land development provided in subsection (B) of this section.
   (E)   Undergrounding fund -
      (1)   The city shall reserve the in-lieu payments for undergrounding along major arterial streets within different parts of the city, except that $1.1476 per square foot of in-lieu payments from the Oxnard Shores Zone will be reserved for undergrounding utilities in the Oxnard Shores Zone.
      (2)   The finance director is directed to establish an undergrounding fund, and the city will spend or commit in-lieu payments in such fund on or to such undergrounding within five years of receipt of in-lieu payments.
(`64 Code, Sec. 32.5-34) (Ord. No. 1733, 2113, 2207)