Claremont City Zoning Code
CHAPTER 16
151 UNDERGROUNDING UTILITIES
§ 16.151.000 Intent.
Overhead utility lines have an undesirable impact on the character and quality of the neighborhoods in the City. As a prominent part of the streetscape, overhead utility lines detract from the visual quality of the neighborhoods, and increase the threat of fire due to downed utility lines.
New development within the City makes necessary the construction of additional utility lines, and will thereby contribute to the negative effects of urbanization by impairing views and increasing the risk of fire due to downed utility lines.
The intent of this chapter is to assure that, in conjunction with all new development, all on-site utility service lines are placed underground. It is also the intent of this chapter to assure that new development within the Rural Residential Districts and parts of the Hillside Districts which create new negative urban effects mitigate those impacts to some extent through the payment of a fee to underground utilities along the City's arterial and collector streets in those districts.
The provisions of this chapter are hereby deemed necessary for the protection of property, property values and the general welfare.
(08-05)
§ 16.151.010 Underground utilities.
A.
City-Wide Undergrounding Requirements
Persons constructing any building or adding at least 25% to an existing building's gross floor area, shall place underground all on-site utility lines and all utility lines between (i.e., connected to and serving) the building and the first point of connection to existing utility lines having the capacity to serve the project. If upgraded lines are required, the upgraded portion, including pre-existing lines, shall be placed underground. Provided, if there are existing on-site utility lines of less than 300 feet in length or located in a utility easement, the person constructing the improvement shall pay a fee in-lieu of undergrounding these lines, as provided in Section 16.151.010.D.
B.
Institutional Educational District, Senior Citizen Housing, and Conditional Use Permits
Persons constructing any building or adding 25% to any existing building's gross floor area as part of a development that is:
1.
Located in the Institutional Educational District;
2.
A senior (citizen) housing project;
3.
A use, (other than a residential unit development), subject to a conditional use permit; shall place new on-site utilities underground, and shall place existing, on-site utility lines underground, or pay a fee in-lieu thereof, according to the following formula:
The number of feet of existing overhead lines to be placed underground shall be the square root of the "assumed lot size."
The "assumed lot size" shall be the gross floor area of the new construction multiplied by four.
If the amount of line to be placed underground is less than 300 feet, the in-lieu fee described in Section 16.151.010.D shall be paid. If the amount of line is 300 feet or more, the property owner shall underground that number of feet of existing utility lines, or to the first point of connection, whichever is shorter.
C.
Planning Commission Determination of Impracticality
The Planning Commission may find that placing utility lines underground is impractical and that fees should be paid instead, when any of the following conditions, or similar conditions, are found to exist:
1.
The length of utility lines to be placed underground will be less than 300 feet and said utility lines have not been placed underground on any property abutting the applicant's property.
2.
The existing on-site utility lines to be placed underground serve property held under separate ownership.
3.
Utility lines cannot be placed underground without severely disrupting existing improvements.
4.
The physical or legal character of existing utility easements will not allow utility lines to be placed underground and the affected adjoining property owner will not consent to modification of such easements or other technical or engineering difficulties preclude such action.
5.
When upgrading an existing service would not impose a significant visual impact on the area immediately surrounding the property or on the City.
D.
Payment of Fees In-Lieu of Undergrounding Lines
When the Planning Commission determines that undergrounding is impractical, an in-lieu fee shall be paid. An in-lieu fee shall be based on the number and type of utility lines and shall be paid prior to the recordation of a final tract or parcel map for the tract, or the issuance of any building permit for which they are required. Payment shall be made according to the cost schedule as set forth in separate ordinance and as amended from time to time.
E.
Property Owner Responsibility
The person constructing the improvement, and not the City, shall be responsible for placing utility lines underground and shall have the necessary arrangements with the serving utility companies.
(08-05)
§ 16.151.020 Hillside and rural residential utility improvement fees.
Applicants for development approvals or permits shall pay a utility improvement fee.
A.
Area of Benefit
The utility improvement fee shall apply only to property in the RR Districts and in the Hillside District, as shown on Figure 16.151.020.1, hereinafter referred to as the "area of benefit."
 FIGURE 16.151.020.1 |
B.
Time for Payment of Fee
1.
Parcel and Tract Maps
The applicant shall pay a utility improvement fee prior to the recordation of a parcel or tract map within the area of benefit if both the following are true:
a.
The fee is collected either (1) for improvements or facilities for which the City has an account, appropriated funds and adopted a proposed construction schedule or (2) to reimburse the City for expenditures previously made; and
b.
The Planning Commission has not deferred collection of the fee to the time of issuance of building permits for the applicant's property, in which case the fee shall be due prior to the issuance of building permits for the applicant's property.
If neither of the conditions in Section 16.151.020.B.1.a is satisfied, the fee shall be due prior to the date of final inspection or the date of issuance of the certificate of occupancy, whichever occurs first. |
2.
Building Permits, Conditional Use Permits, and Specific Plans
If no utility improvement fee, as provided in this part, has been previously paid for the property, the applicant shall pay a utility improvement fee prior to the issuance of a building permit for any single-family residential structure.
C.
Amount of Fee
The utility improvement fee shall be as set forth in separate ordinance and as amended from time to time.
(08-05)
§ 16.151.030 Accounting and disbursement of fees.
A.
Fees collected pursuant to this section shall be used solely to (a) pay for City undergrounding of existing overhead utility lines; or (b) to reimburse other developers who have contributed to undergrounding programs, where those facilities were beyond those needed to mitigate the impacts of the developer's project(s).
B.
The fees collected pursuant to this section for properties in the area of benefit as shown on Figure 16.151.020.1 shall be placed in a separate and special account along with any interest earnings on that account. Fees collected from properties not shown in Figure 16.151.020.1 may be placed in another separate and special account along with any interest earnings on that account.
(08-05)
§ 16.151.040 Exemptions.
A.
All additions to existing single-family residential structures and accessory buildings, including the addition of a second unit on a residential parcel, shall be exempt from the provisions of this section.
B.
Projects of a temporary nature (one year or less) may be exempted by the Director of Community Development from the provisions of this section.
C.
The utility improvement fee shall not be required for any senior citizen housing project with at least 25 percent of the project's dwelling units permanently set aside and affordable for low and moderate income households.
D.
The utility improvement fee may be waived or reduced by the City Council for any senior citizen housing project with at least 25 percent of the project's dwelling units permanently set aside and affordable for moderate income households, if doing so will further the implementation of the City's General Plan.
E.
The utility improvement fee may be waived or reduced by the City Council for low and moderate income housing projects with at least 25 percent of the dwelling units permanently set aside and affordable for low and moderate income households, and for senior housing projects with less than 25 percent of the project's dwelling units set aside for low and moderate income households, if doing so will further the implementation of the City's General Plan.
F.
The utility improvement fee may be waived or reduced by the City Council for public agencies, if doing so will further the implementation of the City's General Plan.
G.
Existing major utility transmission lines of 66KV or greater shall not be required to be placed underground, except as provided in Section 16.151.050.
(08-05)
§ 16.151.050 Utility service provider transmission lines.
New utility lines installed to provide service to new developments or provide upgraded service to a single existing development shall be placed underground, except as provided by the utility service provider's franchise agreement or if the new or upgraded utility lines will be larger than 66KV. The property owner and/or developer installing, requesting or requiring the installation of the lines, shall be responsible for placing utility lines underground and shall make the necessary arrangements with the serving utility(ies).
(08-05)
§ 16.151.060 Annexation.
As property within the area of benefit, but not currently within the City, is annexed to the City, such property shall be immediately subject to the provisions of Sections 16.309.010 and 17.016.060, except that no fee shall be required from property developed for residential purposes until 60 days after such annexation.
(08-05)
