15378) because the ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly.
SECTION 3: Severability. The Town Council hereby declares every section, paragraph, sentence, clause, and phrase is severable. If any section, paragraph, sentence, clause or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
SECTION 4: Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage. Within fifteen (15) days following its passage, a summary of the Ordinance shall be published with the names of those Town Council members voting for and against the Ordinance and the Town Clerk shall post in the office of the Town Clerk a certified copy of the full text of the adopted Ordinance along with the names of the members voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read at a regular meeting of the San Anselmo Town Council on the 8th day of April, 2025, and adopted at a regular meeting of the San Anselmo Town Council on the 22nd day of April, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tarrell Kullaway, Mayor
ATTEST:
Serge Avila, Town Clerk
262
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:17,000 at 11" x 17"
Km 0 0.2 0.4 0.6 0.8 1 1.2
Mi 0 0.2 0.4 0.6 0.8
High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024
High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
San Anselmo
Sequoia
Dr
Broadmoor
Ave
Cam de Herrera
Scenic Ave
Butterfield
Rd
Center Blvd
Sa
n
Anselmo
Ave
Jordan
Ave
San Anselmo Ave
BrooksideDr
Sir Francis Drake Blvd
Red Hill Ave
Oak Ave
Laurel
Ave
Greenfield Ave
Redwood Rd
Woodside Dr
Oak
Ave
Th
e
Ala
meda
SpringGrove
Ave
Suffield Ave
Oak Springs
Dr
San Francisco Blvd
Miracle Mile
Sunnyhills Dr
UNINCORPORATED
MARIN CO.
UNINCORPORATED
MARIN CO.
FAIRFAX
ROSS
SAN RAFAEL
SAN RAFAEL
February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF SAN ANSELMO – MARIN COUNTY
263
Item #:2.4
STAFF REPORT
TOWN OF SAN ANSELMO ITEM No. 2.4
MEETING DATE: April 8, 2024
AGENDA TITLE: Review and Consideration of Undergrounding Requirements for Substantial Remodels. The item is
not subject to CEQA pursuant to Section 15060(c)(3)
of the CEQA Guidelines because it does not constitute
a “project”.
FROM: Community Development Department
RECOMMENDATION: Staff recommends that the Town Council provide direction on whether to maintain, modify, or eliminate the requirement to underground utilities for substantial improvements. If retained, staff recommends establishing objective hardship criteria for exceptions.
BACKGROUND
The Town of San Anselmo has regulated utility undergrounding since May 9, 1967, when it first established provisions for creating undergrounding districts. Additionally, since February 5, 1974, the Town has required utilities to be placed underground for new subdivisions, new buildings/remodels and excluded single-family residences.
In September 1999, the Town amended its undergrounding regulations to require underground utilities for new single-family residences. A subsequent amendment in November 2013 added the requirement for undergrounding overhead utilities for “substantial improvements,” as defined by Chapter 2 of the California Building Code (CBC) (see Attachments 1 and 2). Under the CBC, a substantial improvement is any repair, reconstruction, rehabilitation, alteration, addition, or other building modification where the cost equals or exceeds 50% of the structure’s market value before work begins.
This definition excludes projects undertaken solely to correct existing health, sanitary, or safety code violations necessary for safe living conditions, as well as alterations to historic buildings that preserve their historic significance.
The primary objectives of the undergrounding requirement for substantial improvements are to enhance public safety, improve the community’s visual character, and mitigate risks associated with overhead utility lines. However, concerns have been raised about the financial, logistical, and perceived subjective burden this requirement places on property owners undertaking significant remodels.
In response to these concerns, staff conducted a review of undergrounding requirements across Marin County jurisdictions to assess whether other municipalities impose similar 264
Item #:2.4
requirements for substantial remodels and to identify any conditions under which exceptions may be granted (see Attachment 3).
For reference, since January 2022, the Town has issued 41 building permits that qualify as substantial improvements. Of these, 33 permits required utility undergrounding, while the remaining 8 permits were exempted from this requirement.
DISCUSSION
Staff’s analysis of undergrounding requirements across Marin County jurisdictions reveals varying approaches. Some municipalities mandate undergrounding only for new subdivisions, while others extend the requirement to new construction or substantial improvements, often with hardship provisions or exceptions (see Attachment 3).
Specifically, the City of Sausalito, the Town of Tiburon, the City of Larkspur, the City of Novato, and Marin County require undergrounding for substantial improvements or remodels that involve relocating or replacing main electrical service equipment or extending existing utilities.
The Town of San Anselmo’s current regulations include a hardship provision allowing the Building Official to grant exceptions to the undergrounding requirement. However, the regulations lack clear, objective criteria for determining hardship, which can create perceived inconsistencies in enforcement and application.
Given these concerns, staff seeks Council direction on whether to retain, modify, or eliminate undergrounding requirements for substantial improvements. Key considerations include:
a. Equity and Feasibility: Undergrounding utilities can be a significant financial burden, particularly for homeowners undertaking substantial remodels rather than new construction. The Council should consider whether this requirement places an undue burden on property owners.
b. Public Benefit vs. Individual Cost: While undergrounding enhances public safety and improves the Town’s aesthetic character, the cost is borne by individual property owners. The Council should assess whether the long-term community benefits outweigh the financial impact on homeowners.
c. Hardship Criteria: If the Council opts to maintain the undergrounding requirement, staff recommends establishing objective hardship criteria to ensure consistent and equitable application. Potential criteria include:
a. Financial Hardship: The Council should assess whether the long-term community benefits outweigh the financial impact on homeowners..
b. Site-Specific Challenges: Considering factors such as topography, built conditions, and landscape vegetation.
c. Proximity to Existing Undergrounded Infrastructure: Assessing whether a property is near existing underground utilities.
d. Alternative Approaches: The Council may explore an in-lieu fee program, allowing property owners to contribute to a fund for future undergrounding projects instead 265
Item #:2.4
of completing the work immediately. The City of Novato offers a similar program, with fees based on an engineer’s estimate.
To guide this discussion, staff requests Council direction on the following options:
1. Would the Council like to maintain current regulations and process.
2. Would the Council like to amend regulations to establish objective hardship criteria.
3. Would the Council like amend regulations to require undergrounding only for new construction, eliminating the hardship provision.
4. Would the Council like amend regulations to require undergrounding only for new construction, with the addition of objective hardship criteria.
5. Would the Council like repeal Title 9, Chapter 4 and rely solely on existing regulations for district-based undergrounding requirements and/or the subdivision requirements.
6. Would the Council like develop an in-lieu fee option.
Staff seeks clear policy direction to ensure undergrounding requirements remain feasible, equitable, and beneficial to the community.
FISCAL IMPACT
N/A
GENERAL PLAN CONSISTENCY
Discussion of this topic align with the San Anselmo General Plan by supporting key goals related to public safety, infrastructure resilience, aesthetic enhancement, and equitable development. Ensuring that undergrounding policies are clear, feasible, and fairly applied aligns with the General Plan’s commitment to equitable and practical implementation of regulations. As the Town considers potential amendments, maintaining a balance between infrastructure improvements and homeowner feasibility will help uphold the the vision outlined in the General Plan.
CEQA AND CLIMATE ACTION PLAN CONSISTENCY
The item is not subject to CEQA pursuant to Section 15060(c)(3) of the CEQA Guidelines because it does not constitute a “project”.
The Town’s undergrounding requirements align with the San Anselmo Climate Action Plan by promoting infrastructure that reduces environmental risks and enhances resilience. While undergrounding may help to minimize power disruptions, by exploring alternatives to mandatory undergrounding, the Town can balance resilience with costeffectiveness, advancing climate goals while considering the long-term environmental benefits of various strategies.
ATTACHMENT
Attachment 1- Ordinance No. 1090
Attachment 2- Title 9, Chapter 4, Underground Electric and Communication Service Laterals to Building and Structures
Attachment 3- Multijurisdictional Comparison Table Regarding Substantial Improvements/Remodels
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Title 9 - BUILDING REGULATIONS
Chapter 4 UNDERGROUND ELECTRIC AND COMMUNICATION SERVICE LATERALS TO BUILDINGS OR STRUCTURES* San Anselmo, California, Code of Ordinances Created: 2024-08-01 15:14:53 [EST] (Supp. No. 38)
Chapter 4 UNDERGROUND ELECTRIC AND COMMUNICATION SERVICE LATERALS TO BUILDINGS OR STRUCTURES*
Sections:
9-4.01 Underground utilities.
All electrical and communication service laterals, including those for cable television service, to any new building or structure or building or structure undergoing a substantial improvement as defined by CBC Chapter 2 shall be placed underground from the main service equipment within the building or structure to a location designated by the supplying utility in accordance with the supplying utility's applicable rules, regulations and tariffs on file with the Public Utilities Commission of the State or other competent jurisdiction. This applies to both commercial and residential property.
(§ 1, Ord. 1059, eff. December 27, 2007)
(Ord. No. 1090, § 1, 11-26-2013; Ord. No. 1111, § 1, 11-29-2016) 9-4.02 Owners' responsibility.
The property owner shall be responsible for compliance with the provisions of this section and shall make the necessary arrangements with the public utilities involved. (§ 1, Ord. 1059, eff. December 27, 2007)
9-4.03 Undue or unusual hardships.
The Building Official may grant an exception from the provisions of this chapter when it is found that the undergrounding of the utility service laterals will cause an unnecessary hardship or results inconsistent with the intent of this chapter.
(§ 1, Ord. 1059, eff. December 27, 2007)
271
Jurisdiction Undergrounding for
Remodel/ Substantial
Improvements
Notes Exceptions Exception to Exception Hardship In-Lieu Fee San Anselmo Yes Substantial Improvements as defined bu
CBC Chapter 2
No No Building Official may grant an
exception if unnessary hardship
created.
No
Sausalito Yes Relocation or replacement of main
electrical service equipment
Poles, overhead wires, and associated overhead
structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; Antennaassociated equipment and supporting structures used by utility for furnishing communication
services;Equipment appurtenant to underground
facilities such as surface-mounted transformers,
pedestal-mounted terminal boxes, meter cabinets and
concealed ducts;Temporary poles, overhead wires and
associated overhead structures used or to be used in
conjunction with construction projects to provide
temporary service;The installation of a new service
panel in conjunction with the installation of a small
residential rooftop solar system, or the installation of battery storage facilities whether or not related
thereto, when that is the entire scope of work;The
installation of a new service panel required to facilitate the installation an electric vehicle charging station in a one- or two-family dwelling, when that is the only
scope of work;The replacement of damaged service
equipment caused by storm or vehicular damage and
not related to a larger construction
project;Replacement of hazardous or antiquated
service equipment that is deemed unsafe by the City’s
Chief Building Official;Installation of new service wires to an existing structure that are lashed to an existing service and present no visual change to overhead wire
service; provided, that the existing service meets then currently applicable safety standards.
Undergrounding shall be required in
connection with any project that is applied
for within 36 months of the receipt of the
exception that would have triggered the
need for new or relocated main electrical
service equipment
The Undergrounding Committee
may grant exceptions from this
requirement where the Public
Works Director and the
Community Development
Director find that
undergrounding of utility
service laterals will cause
unnecessary or unusual
hardship.
No
Mill Valley No N/A No No No No
Belvedere No N/A No No No No
272
Jurisdiction Undergrounding for
Remodel/ Substantial
Improvements
Notes Exceptions Exception to Exception Hardship In-Lieu Fee Tiburon Yes Any remodel of existing structures when
there would be a relocation or replacement
of main electrical service equipment.
Any municipal equipment or facilities installed under
the supervision and to the satisfaction of the town
engineer; Poles or electroliers used exclusively for
street lighting; Overhead wires attached to the exterior surface of a building by means of a bracket or other
fixture and extended from one location on the building
to another location on the same building or to an
adjacent, accessory building within seventy-five feet
and on the same lot or parcel as such building, such
buildings being mutually accessible without crossing
any public street; Poles, overhead wires and
associated overhead structures used for the
transmission of electrical energy at nominal voltages in excess of thirty-four thousand five hundred volts;
Antennae, associated equipment and supporting
structures used by a utility for furnishing
communication services; Equipment appurtenant to
underground facilities, such as surface-mounted
transformers, pedestal-mounted terminal boxes and
meter cabinets, and concealed ducts; Temporary
poles, overhead wires and associated overhead
structures used or to be used in conjunction with
construction projects or which are installed and
maintained for a period not to exceed ten days, in
order to provide emergency service.
No Demonstrate how the project
would qualify for a hardship
exception under specific criteria
adopted by the town council,
such criteria being attached to
the application form.
No
Corte Mardera No N/A N/A No No
273
Jurisdiction Undergrounding for
Remodel/ Substantial
Improvements
Notes Exceptions Exception to Exception Hardship In-Lieu Fee Larskpur Yes Remodeling of any such building or
structure when such remodeling requires
the relocation or replacement of the
property owner’s main service equipment.
When compliance is not economically or practicably
feasible as defined by the cost of the undergroudning
and related work being twenty (20) percent or more of
the determined valuation of the building permit, the
Chief Building Official is authorized to grant an
exemption. The applicant shall provide a contract or
detailed, itemized estimate prepared by a qualified
individual for the Chief Building Official to review. The Chief Building Official must advise the Town Council of such determination to exempt the undergrounding
prior to granting the exemption.
No When compliance is not
economically or practicably
feasible as defined by the cost
of the undergroudning and
related work being twenty (20)
percent or more of the
determined valuation of the
building permit, the Chief
Building Official is authorized to
grant an exemption. The
applicant shall provide a
contract or detailed, itemized
estimate prepared by a qualified
individual for the Chief Building
Official to review. The Chief
Building Official must advise the
Town Council of such
determination to exempt the
undergrounding prior to
granting the exemption.
No
Ross No N/A No No No No
Fairfax No N/A No No No No
San Rafael No N/A No No No No
Novato Yes All new extensions of existing utility
distribution facilities (including, but not
limited to, electric, communication, and
cable television lines) hereafter
constructed or installed in the city, shall be
placed underground.
Community Development Director may grant an
exception for minor additions or modifications to
existing structures. Could apply to major remodel
with service upgrade or addition/remodel that
requires extending utlility distribution lines.
May contribute to the City's
Underground Utility Fund. Applicant
may also propose an equitable cost
sharing of the cost to underground
utilities on moth sides of the street.
Per Chapter IV Administrative
Regulations, codified hardship
provisions related to topogaphy
and terrian that is susceptible to
fire, earthquake related to
liquifcation, sea level rise and
flooring, water saving measures.
YesRequires an
Engineer's
Estimate.
The
Engineer's
Estimate acts
as the in-lieu
fee.
274
Jurisdiction Undergrounding for
Remodel/ Substantial
Improvements
Notes Exceptions Exception to Exception Hardship In-Lieu Fee Marin County Yes Practice is to only apply to new
construction on vaccant lots and
subdivisions and not to remodels.
Director determines that the cost of undergrounding
would be so prohibitive as to deny utility service to the development.
No Director determines that the
cost of undergrounding would
be so prohibitive as to deny
utility service to the
development.
No
275