Waiver of the Requirements to Underground Privately Owned Utility Systems and Service Facilities
San Diego Municipal Code § 144.0242
in effect§144.0242 Waiver of the Requirements to Underground Privately Owned Utility Systems and Service Facilities
(a) Purpose. The installation of utilities underground benefits the public through the minimization of the visual and functional impact of utility systems and equipment on streets, sidewalks, and the public realm, and the enhancement of quality of life. However, there are circumstances where a waiver of the undergrounding requirement in section 144.0240(b) would be appropriate, in accordance with section 144.0242(c).
(b) Process. Requests to waive the undergrounding requirement in Section 144.0240(b) shall be considered concurrently with the approval of a tentative map or amendment thereto. Supporting facts for a decision to grant a waiver shall be documented in the findings for tentative map approval.
(c) Waiver. A request for waiver of the requirements in section 144.0240(b) will be considered based on documentation provided by the applicant demonstrating that one or more of the following factors are applicable to the development:
(1) Adverse timing or planning considerations:
(A) The conversion involves undergrounding of utilities that are already scheduled to occur in the near term as a utility company financed undergrounding project or as part of the City’s utility underground program; or
(B) The conversion involves a short span of overhead facility (less than a full block in length) and would not represent a logical extension to an underground facility.
(2) Inordinate cost to the development taking into consideration:
(A) Whether the conversion would involve substantial investment in temporary facilities such as cable poles or temporary recruiting;
(B) Whether the conversion would require a significant amount of work to occur offsite of the development as a result;
(C) Whether the cost of conversion would increase the cost per unit for proposed residential development by more than one percent; or
(D) Whether regardless of the conversion, a large transmission line (60,000 volts or larger) would still remain overhead.
(3) The requested waiver will not create a long term visual or functional impact to any streets, sidewalks or the public realm in conflict with adopted land use plan policies.
(d) Appeals. A decision to approve or deny a waiver, excepting a decision of the City Council, may be appealed to a higher decision maker by filing an appeal of the tentative map action in accordance with section 112.0506 or 112.0508 as applicable.
(“Waiver of the Requirements to Underground Privately Owned Utility Systems and Service Facilities” added 1-23-2013 by O-20235 N.S.; effective 2-22-2013.)
(Amended 5-5-2015 by O-20481 N.S.; effective 6-4-2015.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter14/Ch14Art04Division02.pdf#page=9Fetched: 10/28/2026