Item No. 2
Town of Atherton
CITY COUNCIL STAFF REPORT – STUDY SESSION
TO: HONORABLE MAYOR AND CITY COUNCIL
GEORGE RODERICKS, CITY MANAGER
FROM: ROBERT OVADIA, PUBLIC WORKS DIRECTOR
DATE: MARCH 5, 2025
SUBJECT: PROVIDE FEEDBACK AND DIRECTION REGARDING
CONSTRUCTION REGULATIONS – UTILITY SERVICES
REQUIRED FOR DEVELOPMENT PROJECTS
RECOMMENDATION
It is recommended that the Council review and provide feedback and direction to staff regarding the underground utility service connections required by the Town’s construction regulations associated with development and redevelopment construction projects.
BACKGROUND
Atherton Municipal Code (AMC) Section 15.40 regulates various construction activities including but not limited to screening, parking, noise, signage, and utility services. AMC Section 15.40.010, adopted in 1966 states:
“All telephone, telegraph, electric wires and other such service facilities to newly constructed dwellings shall be placed underground from the point of the utility company pole. This section shall apply to all dwellings where building permits have not been issued prior to the date of the ordinance codified in this section. (Ord. 272, 1966)” This ordinance was likely enacted for multiple reasons including an effort to reduce the proliferation of overhead wires as the Town continued to develop, public safety, resiliency and aesthetics.
The ordinance prohibits the installation of new overhead service lines or extension of service lines from existing infrastructure. The installation of new poles is limited to direct frontage along an existing pole line, unless agreement from other affected properties is obtained. Pole replacement is permitted to allow for required services.
PG&E regulations limit the number and size of overhead transformers on utility poles and do not allow for primary power lines to be undergrounded on poles with transformers. PG&E is also Construction Regulations – Underground Utility Services MARCH 5, 2025
limiting the approval/installation of new underground transformers related to availability, safety, and other concerns.
PG&E has indicated that they are able to provide a 400 Amps service for primary residences and an additional 200 Amp service for detached accessory dwelling units (ADU’s) with limited additional infrastructure. Many new full site development/redevelopment projects require services of 600 Amps or greater for the primary residence and accessory structures with additional service needs for an ADU if included. These large services typically require dedicated transformers from primary (high-voltage) power lines, or the extension of the primary lines to the private property with transformer located on site to accommodate the project’s power needs. Due to right-of-way constraints, aesthetics and impacts to neighboring properties, staff does not permit new above ground pad-mounted transformers within the public right-of-way.
With the increased power needs for projects and the number of utility poles with existing transformers, it is often difficult to locate a nearby utility pole that can easily accommodate the power needs for a large-scale single-family development project. Developers, property owners and PG&E often seek the easiest/cheapest solution of installing a new pole and/or extending utility lines, most often affecting other’s property frontage as the most expedient way to provide power to their projects. In consideration of heritage trees within and along the right-of-way and on property, installation of underground utility services often include directional boring or hand digging to minimize tree impacts.
As outlined above, undergrounding of utility services and minimizing additional overhead utility infrastructure is increasingly important for public safety and resiliency, and minimizing impacts to residents and property values.
ANALYSIS
As noted above, often the most expedient and cheapest way to accommodate power to new development/redevelopment sites is the installation of new power poles, often in front of other properties. Staff discourages the installation of new poles and extension of utility lines and works with PG&E and developers to find solutions that minimize impacts to the public and adjacent property owners. There are occasions where PG&E regulations and/or existing infrastructure limit options and may have an oversized impact to the public and the development. Staff is seeking guidance from the Council on paths to facilitate additional review/consideration in instances where complete undergrounding solutions are not possible or have an oversized impact to the public. It is important to be aware that should such alternate review/consideration be made available that it is done in such a manner that does not encourage developers/contractors to seek such alternate approval.
Staff has compiled a few real-world scenarios for discussion. Staff will go through a description of each scenario and lead the Council through possible solutions.
Sample scenarios:
Scenario 1:
Construction Regulations – Underground Utility Services MARCH 5, 2025
• Flag lot currently served underground from nearest pole, approximately 115 feet from property.
• Service (200 Amp) is insufficient for the project (600 Amp + 320Amp) • Existing pole has a transformer which does not allow for primary power line to be brought underground.
• PG&E/Contractor proposal – extend overhead primary power and other utilities and install new pole at front of property. Primary power would be brought down the new pole and new pad mount transformer installed to serve the property. • Nearest clean pole for primary power drop is 300 feet away from the existing service pole • Proposed solution – coordinate with adjacent property owner to remove the overhead transformer from existing service pole near their driveway, extend primary service underground to the applicant’s property and install two transformers within a utility easement on private property adjacent to neighbor. (resolved) Scenario 2:
• Lot located near end of cul-de-sac where all existing poles have transformers that do not allow for primary power lines to be undergrounded.
• PG&E/Contractor proposal – install new pole in front of the property across the street along the existing pole line to allow for undergrounding of primary power to serve the project.
• Proposed solution – connect to nearest clean pole, near entry to the cul-de-sac, for power drop, installation of splice box to allow for future connection and extend underground service to project, approximately 250 feet from service point in front of the property. (resolved)
Scenario 3:
• Flag lot where existing service pole at end of driveway has a transformer that does not allow for primary power lines to be brought underground. • Nearest clean pole for primary power drop 250 feet away from existing service pole. • PG&E/Contractor proposal – remove existing overhead transformer from the pole at the driveway and go underground to a new pad-mounted transformer in front of the property across the street (currently being redeveloped) to provide primary power to serve the project.
• Proposed solution – remove existing overhead transformer from the pole at the driveway, go underground to a new underground transformer across the street to serve both the subject property as well as the other redevelopment property. (resolution - PG&E in engineering for underground transformer solution)
Scenario 4:
• Lot located near end of cul-de-sac where there are no poles. Nearest pole line behind the property on neighbor’s property on the other side of a drainage channel. • PG&E/Contractor proposal –Bring primary power from the existing utility pole on neighbor’s property, overhead across the channel to a new pole that would be installed in rear of the property (near rear property line), where it would be undergrounded to a new transformer on property.
Construction Regulations – Underground Utility Services MARCH 5, 2025
• Alternate solutions reviewed that were not approved by PG&E:
o Bring primary power down the existing pole and bore under the channel o Bring primary power down the existing pole and bridge over the channel • PG&E advised that the nearest underground connection location is from a subsurface transformer located approximately 250 – 300 feet from the front of the property, may not pass PG&E voltage calculations based on length without extending other distribution lines.
In consideration of increasing climate risk, public safety concerns, aesthetics, and potential permanent impacts to current residents and their properties, undergrounding to the maximum extent possible is desired.
Currently staff do not charge for review, consultation and coordination of utility connections beyond the standard permit charges (building, encroachment, grading/drainage, etc.).
Should an appeal or exception process be desired, it is recommended that such a process not be a means to shortcut timelines, reviews and implementation of utility undergrounding, but be done in such a manner to encourage undergrounding and be limited to extreme cases where true undergrounding solutions are not available. Such a process may include review by the City Manager with referral to the Planning Commission and potentially the City Council for approval.
Fees associated with an appeal or exception process should be adopted to cover costs including staff time, legal noticing, advertisement, etc. should be developed and paid by the applicant.
Next steps, if any, would be determined based on the feedback received and may include modification of the Municipal Code, update to the Town’s Master Fee Schedule, consultation and education with development community and governing body tasked with appeals or exceptions.
FISCAL IMPACT
None at this time.
GOAL ALIGNMENT
This Report and its contents are in alignment with the following Council Policy Goals:
• Goal Area B – Preserve Small Town Character and Quality of Life • Goal Area D – Manage Circulation and Improve Safety
• Goal Area F – Be Forward-Thinking, Well-Managed, and Well-Planned • Goal Area G – Emergency Preparedness – Be Prepared
POLICY FOCUS
The policy focus for this item is regarding construction regulations associated with development and redevelopment projects – particularly utility underground requirements.
Construction Regulations – Underground Utility Services MARCH 5, 2025
PUBLIC NOTICE
Public notification was achieved by posting the agenda, with this agenda item being listed, at least 72 hours prior to the meeting in print and electronically. Information about the project is also disseminated via the Town’s electronic News Flash and Atherton Online. There are approximately 1,200 subscribers to the Town’s electronic News Flash publications. Subscribers include residents as well as stakeholders –to include, but be not limited to, media outlets, school districts, Menlo Park Fire Protection District, service provides (water, power, and sewer), and regional elected officials.
COMMISSION/COMMITTEE FEEDBACK/REFERRAL
This item has not been before a Town Committee or Commission
ATTACHMENTS
None.