Variance for Underground Requirement - 2015TITLE Public Hearing to consider the application of Don Babbitt, on behalf of
D.R. Horton Bay, Inc., for a Variance (PLN2015-C7) to allow a reduction
in the number of utility poles to be removed and in the linear feet of
overhead lines to be replaced underground in association with a
previously-approved 18-unit townhome project at 45-81 Kennedy
Avenue in an P-D (Planned Development) Zoning District.
RECOMMENDATION
The Planning Commission recommends that the City Council take the following action:
1. Adopt a Resolution, incorporating the attached findings, approving a Variance
(PLN2015-67) to allow a reduction in the number of utility poles to be removed
and in the linear feet of overhead lines to be replaced underground in association
with apreviously-approved 18-unit townhome project at 45-81 Kennedy Avenue,
subject to the attached Conditions of Approval (reference Attachment 1).
PROPOSAL
The applicant, Don Babbitt, is requesting approval of a Variance to allow approximately
90 feet of utility services to remain overhead, and the installation of one new service
pole at the eastern property boundary of the previously-approved 18-unit townhome
project (reference Attachment 5, Revised Undergrounding & Overhead Electrical Plan).
BACKGROUND
On February 18, 2014, Villa Developers, LLC, obtained approval of a Planned
Development Permit with a Parking Modification (PLN2013-006), Tentative Subdivision
Map (PLN2013-007), and Tree Removal Permit (PLN2014-146) for development of 18
residential units. Following project entitlements, the project was sold to D.R. Horton
Bay, Inc. who on March 3, 2015, obtained approval of a Modification (PLN2014-237) to
the previously-approved Planned Development Permit which allowed changes to the
project architecture and design.
As part of both the original February 18, 2014 approval and subsequent March 3, 2015
Modification approval, the project is conditioned to underground all on-site utilities in
accordance with Section 21.18.140 (Undergrounding of Utilities) of the Campbell
Municipal Code.
Planning Commission Meeting: The Planning Commission held two public hearings for
this request. The first was held on March 24, 2015, but was continued in order for the
applicant to gather additional information from PG&E to confirm whether a new pole
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City Council Report ~ June 2, 2015 Page 2 of.3
PLN2015-67 -:45-81 Kennedy Avenue .
would be required and if there would be alternative options available before forwarding
a recommendation on the Variance request to the City Council.
The second meeting occurred on May 12, 2015 and provided confirmation from PG&E
that a new pole would be required, and that the best location for the new pole would be
to the eastern property boundary as proposed. After discussion, the Planning
Commission voted 6-0 recommending that the City Council approve the proposed
Variance subject to the recommended Conditions of Approval.
ANALYSIS
For a full analysis of the project; please refer to Attachment 3, the May 12, 2015
Planning Commission Staff Report and. Attachment 9, the March 24, 2015, Planning
Commission Staff Report.
ENVIRONMENTAL DETERMINATION
A Mitigated Negative Declaration was previously approved for this project in accordance
with the California Environmental Quality Act (CEQA). The proposed changes to Utility
Undergrounding are in substantial conformance with the previously-approved Mitigated
Negative Declaration, and as such; the Mitigated Negative Declaration remains valid. All
CEQA Mitigation Measures established in the previously-approved Mitigated Negative
Declaration are applicable to this application.
Prepared by:
Stephen ~f~o~e, Associate Planner
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Reviewed b ~ ;~`~ ~"~~'` T' ,~ ~-' "-
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~Cki Snelling, Planning Manager
Reviewed by: ! ~~-~
Paul Kerrnoyan, Community Development Director
Approved by:
Mark Linder, City Manager