Garden Grove City Zoning Code
CHAPTER 9
48 UNDERGROUNDING OF UTILITIES
§ 9.48.010 Purpose.
The purpose of this chapter is to provide for the reasonable and orderly removal of existing overhead utility facilities and the construction of new underground utility facilities on both public and private property, in order to promote and preserve the health, safety, and general welfare of the public and to assure the orderly and desirable development of the City.
(2775 § 1, 2010)
§ 9.48.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings set forth in this section:
means any property owner or other person or entity developing, redeveloping or subdividing property to which the undergrounding requirements of this chapter applies.
means those existing or proposed utility facilities serving the property to be developed, redeveloped, or subdivided, and which (1) are located within the public right-of-way adjacent or peripheral to the property or project, or (2) are otherwise providing service to the property or project.
means those existing or proposed utility facilities serving the property to be developed, redeveloped, or subdivided, and which are located within the boundaries of the property or project, excluding those utility facilities located in the public right-of-way.
means the location or relocation of utilities so that all of the utility facilities are located under the surface of the ground.
means, without limitation, poles, towers, supports, wires, cables, lines, conduit, guy wires, conductors, buys, stubs, platforms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, ducts, pipes and similar devices designed and/or utilized for providing, supplying, supporting, and/or distributing electrical energy and service, communication, telecommunication, cable television, and/or video programming to a property or consumer.
(2775 § 1, 2010)
§ 9.48.030 Requirements.
A.
In addition to any other provisions of this code, the developer shall, at its cost, underground all existing and proposed on-site and off-site utility facilities associated with property which the developer is developing, redeveloping or subdividing within the City. Required undergrounding shall be a condition to the approval of any final map, discretionary permit, and building, plumbing, or electrical permit issued for the development, redevelopment, or subdivision of property.
B.
All such undergrounding work, where required, shall be constructed, installed and maintained in accordance with all applicable laws, rules, regulations, and requirements of the City and other applicable agencies or entities, including, but not limited to, rules, regulations and tariffs, applicable to the affected utility, adopted or approved by the Public Utilities Commission of the State of California.
C.
The developer shall be responsible for complying with the requirements of this chapter and shall make the necessary cost and other arrangements with the utility companies for the installation of underground utility facilities and appropriate relocation and undergrounding of existing utility facilities. It shall also be the responsibility of the developer to establish to the satisfaction of the City Manager or designee that the necessary arrangements with the utility companies have been made for the undergrounding, construction, and installation of such utility facilities.
(2775 § 1, 2010)
§ 9.48.040 Exceptions to Undergrounding Requirements.
Undergrounding shall not apply to:
A.
Poles or electroliers used exclusively for street lighting.
B.
Utility facilities exempted from undergrounding by the Public Utilities Commission or applicable federal, state, or local law.
C.
Utility facilities that do not provide service to the property or structure being developed, redeveloped, or subdivided.
D.
Temporary poles, overhead wires, and associated structures used, or to be used, in conjunction with construction projects.
E.
Existing poles, overhead wires, and associated structures used for the transmission of electrical energy at nominal voltages 66,000 volts or greater if it is determined by the City Engineer that such undergrounding is not technically or economically feasible.
F.
Antennae, associated equipment, and supporting structures used by a utility company for furnishing communication services.
G.
Equipment appurtenant to or associated with underground facilities, such as surface mounted transformers, meter cabinets, pedestal-mounted terminal boxes, and concealed ducts, which, in the determination of the City Engineer, should be placed above ground for technical or public safety reasons.
H.
Temporary poles, overhead wires, and associated structures for emergency service installed and maintained for a period not to exceed 10 days, unless a longer period is approved in writing by the City Manager or designee.
I.
Utility facilities the undergrounding of which the City Engineer determines would be impractical or technically infeasible due to physical constraints such as topography, soil, or other existing conditions.
J.
Existing above-ground utility facilities, where the project is limited to the construction, enlargement, alteration, or rehabilitation of one single-family dwelling. The developer shall underground all new utility facilities associated with the project.
K.
Existing above-ground utility facilities, where the project is limited to the enlargement, alteration, or rehabilitation of buildings or structures other than a single-family dwelling where the enclosed floor area is not increased by more than 25%. The developer shall underground all new utility facilities associated with the project.
(2775 § 1, 2010)
§ 9.48.050 Voluntary Payment of Fee In-Lieu of Undergrounding Existing Off-Site Utilities.
A.
In lieu of undergrounding existing off-site utilities, the developer may elect to pay the City an in-lieu fee to offset the developer's fair share of the costs of undergrounding the off-site utilities. The amount of such an in-lieu fee shall be the lesser of the following:
1.
The developer's proportionate share of the estimated then current cost of undergrounding similarly situated above-ground utility facilities of the same type, as determined by the City Engineer.
2.
One percent of the total estimated construction cost of the developer's project. This subdivision A.2 shall not apply in circumstances where the developer is only processing a subdivision map without concurrently processing entitlements for a development project in conjunction with the subdivision.
B.
The developer shall be responsible for submitting all information and documentation necessary for and/or reasonably requested by the City Engineer to calculate the amount of the in-lieu fee. The submission of false or misleading information or documentation by any person pursuant to this section shall be punishable as a misdemeanor.
C.
All in-lieu fees paid pursuant to this section shall be deposited in a special account to be used solely for future undergrounding of utilities in the City.
D.
This section shall not be applicable to, and undergrounding shall be required for, developments, redevelopments, or subdivisions of five acres or more.
(2775 § 1, 2010)
§ 9.48.060 Relationship to Underground Utility Districts.
The provisions of this chapter are in addition to, and not in substitution for or limitation of, the provisions of Chapter 24 of Title 11 of this code.
(2775 § 1, 2010)