Council approves overhead-electrical crossing to serve 39 Berry Lane, formalizes exemption process

The Town of Atherton City Council on May 20 approved an overhead electrical service crossing across the Atherton Channel to serve a proposed residence at 39 Berry Lane and accepted staff’s recommended process for handling future exemption requests to the town’s requirement that utilities be placed underground.

Council action and project: the council approved an application to extend an overhead electrical line from an existing pole behind 70 Elena Avenue to a new pole near the channel easement at the rear of 39 Berry Lane; the cable will then be brought underground to serve the property. The council motion (vote unanimous) also accepted staff’s proposed multi-step process for applicants seeking exemption from the undergrounding requirement.

Exemption process and costs: staff described the process: applicants must file a formal application with PG&E requesting underground service; if PG&E declares underground service infeasible, staff will meet with the developer and PG&E to evaluate alternatives (distance, poles, transformers, cost and physical constraints). If no viable alternative exists, staff will pursue an exemption and present the request to council. The town will work with the finance director to develop a cost-recovery fee that covers staff time for coordination; staff said state law limits fees to cost recovery rather than punitive charges.

Why it matters: Atherton’s municipal code requires new utility service for development to be placed underground. Developers asked for clarity and an explicit exemption process so applicants know when the town will consider allowing overhead service. The council chose to formalize a process rather than leave the town without a clear path for cases where undergrounding is physically infeasible.

Public record and next steps: staff will include the fee schedule in the June 2025 fee resolution for adoption and will return to council with any recommended municipal-code amendments that clarify the exemption process. The council’s approval for the 39 Berry Lane crossing is project-specific; any future exemptions will follow the clarified process and come before council for approval unless the code is revised to delegate authority to staff.