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CC Ordinance 2166ORDINANCE NO. 2166 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A TEXT AMENDMENT (PLN2011-154) TO AMEND THE CAMPBELL MUNICIPAL CODE SECTION 21.18.140 (UNDERGROUNDING OF UTILITIES), SECTION 20.36.150 (UTILITIES), AND SECTION 21.38.020 (AUTHORITY FOR LAND USE DECISIONS) IN ORDER TO CLARIFY PROVISIONS PERTAINING TO THE UNDERGROUNDING OF UTILITIES. After notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed. After due consideration of all evidence presented, the City Council of the City of Campbell does ordain as follows: SECTION ONE: The City Council finds and determines that the adoption of the proposed Text Amendment is exempt from CEQA under Section 15061(b)(3) in that it can be seen with certainty that there is no possibility that the Text Amendment would have a significant effect on the environment, SECTION TWO: Section 21.18.140 of the Campbell Municipal Code is hereby amended as set forth in Exhibit A attached. Additions are indicated by underlined type and deletions are indicated by °`r~'-° '"•^~ ~^" *~~^°. Portions of Section 21.18.140 not cited or shown in underlined or strike through type are not changed. SECTION THREE: Section 20.36.150 of the Campbell Municipal Code is hereby amended as set forth in Exhibit B attached. Additions are indicated by underlined type and deletions are indicated by ~+r,~° :"r^..^" ...^° portions of Section 20.36.150 not cited or shown in underlined or strike through type are not changed. SECTION FOUR: Section 21.38.020 of the Campbell Municipal Code is hereby amended as set forth in Exhibit C attached. Additions are indicated by underlined type and deletions are indicated by °'r"-° +"r^ ^" ~~^°. Portions of Section 21.38.020 not cited or shown in underlined or strike through type are not changed. SECTION FIVE: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. Exhibit A 21.18.140 - Undergrouuding of utilities. All Fdevelopment and °~~'°••'-~~ia'~remodels, ~°'~~a~~° °~-'°~~~°' ~~~'--'~~~~~~°~~ shall provide for the undergrounding of existing and proposed utility facilities in compliance with this section, unless expressly exempted. A. Definitions. As used in this section, the following terms shall have the meaning set forth below. All other terms shall have the same meaning as defined in Chapter 21 72 (Definitions) Addition means construction that expands a structure's existing Gross floor area or replaces existing floor area that was demolished. 2. Arterial street means a Class I Arterial or Class II Arterial as identified by the Citv of Campbell Roadway Classifications Diagram 3. Collector street means aCommercial/Industrial Collector or Residential Collector as identified by the City of Campbell Roadway Classifications Diagram. 4. Remodel means any rebuilding or structural alteration which changes the supporting members of a structure, such as bearing walls columns beams or girders It shall not include interior tenant improvements or structural alterations solely to meet code B. Applicability. The following site improvements require the undergrounding of utility services as set forth below: 1. Service lines. New utilities, and all existing overhead utility lines excluding utility poles shall be installed underground with: a. Construction of asingle-family dwelling; b. Construction of a residential development with two or more dwelling units• c. Construction of anon-residential main structure• d. An addition, remodel, or combination thereof. to an existing non-residential main structure that remodels or expands the structure's existing gross floor area by fifty percent (50%1 or more in the aggregate over the preceding five-fir period• e. An addition to an existing single-family dwelling that within afive-year period adds and/or replaces fifty percent (50%) or more to the dwelling's gross floor area Existing and/or new detached garages, secondary dwelling units and other fully enclosed accessory structures shall be considered in this section: and f A residential or non-residential subdivision that is subiect to the provisions of Title 20 (Subdivision and Land Development) of the Campbell Municipal Code A variance to the requirements of this subsection may be granted in compliance with Chapter 21.48, (Variances). 2. Frontage lines and poles Existin utg ility poles and associated overhead utility lines located along an arterial or collector street abutting the frontage(s) of a development site shall be removed and the utilities replaced underground in association with the site improvements set forth below: a. Construction of anon-residential main structure b. Construction of a residential development with five or more dwelline units; and c. A residential or non-residential subdivision that is subiect to the provisions of Title 20 (Subdivision and Land Development) of the Campbell Municipal Code resulting in five or more parcels, exclusive of parcels created solely to provide access into a development site. A variance to the number of Holes to be removed and/or linear feet of overhead utility lines to be replaced underground may be eranted in compliance with Chapter 21.48. {Variances). ,. rg..,....... ~C .. '°""~'' ^'~ ...:I:.:°~ -° ~-°aDevelopment reauirements. All new and existine electric, telecommunications, and cable television lines to be installed on the site to serve a proposed development •.'I:., {.. :I:. ° .,.,,. ,,: , ~, J sit shall be installed underground at the time of development except for to ::: d:rs:a..nd fucili~surface mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts and other similar equipment appurtenant to underground facilities.. All utilities shall be taken from the nearest aboveground utility service and no new poles or overhead lines shall be allowed..;;; ,,, ,, ,,,,,,,,,,,,,,~°I a°~,z,,--~'°~i,~;~s °~.. ,.fl. °... :.. ,°.7 l,, tl.,. ,7,.°:..: ,........1,:.. 1. ,J ~ IND. C^^'-^I '~^°^~ ^^a °°'~~~°~ Screening Requirements. Aboveground equipment (e.g., utility control boxes and similar cabinets) shall be screened from view and deterred from graffiti vandalism by using a combination of landscaping and screen walls. ~E. Exemptions. The requirements of this section do not apply to: 1. Existing or proposed major electrical transmission lines; arm 2. A $service upgrades, modification, or relocation t~of an existing electrical panel that is unrelated to site improvements that would otherwise require undereroundine of utilities in compliance with this section, and which would not result in an increase in overhead utility line length- 3. Underground installations that would reauire substantially crossing the rear yard of an adjacent single-family residential property' and 4. Undereround installations precluded by a topographical soil or other environmental condition. t7 tinrl a 'I' '7'1,° ..:..,,J°.,°I ............. .1:_,.,..,._ -~-`- `=---- , f TT1'i1F a A II r^1,1^ ^^t: ,...1 n.. _,...,. nL_~. __ ~i c~ Yr 2 n C,...1,.,7 ..:rn ..1 n.. .,..1.,.7:.,.. tL.n In,. nr:,... ,.F .l.e r:l:r. ..nl «„J .. e..r: ,... r,. D!_P.C ,7 A ....1:,.., r: ,.... F ~, 1. Tl.e 1,.,.nti,... ,.F rl.o ..1.,.. ,. ..,~ .,t: I: t. ..,1 Exhibit B 20.36.150 -Utilities. Utility facilities adequate to supply communication, electrical, gas, water and fire protection service to each lot of the subdivision shall be constructed and installed within the subdivision. All other provisions concerning the under rog unding of utilities are contained in Section ?1.18.140. (UnderQroundin>? of utilities) of the Campbell Municipal Code. .......... ........... ..., ., . l,o «1.. ...... ,..u.. ..0.7 «.7 e..,.«,...«,7 ,.«a f .. al. .. F..I1..., :« . . t n L>i xi rrtent r . rt t t ~ ..«a , i l a d g p \. ,., appu enan o ergre as, stts 3- es sar- s e-rt~t e ~.vau.~v.vu .v . «.. «r .. .~ u..a .. F al.e .... .~u.iv.. a.aa~. .~i. u 7.,7:. : u.~.u /!'\ D,. L. n «,. ia" «a: «.. ..a .oor I:..l..n ..«A al. e ~,1,.,.a«:....7 1: «,.,. ...:rl.:« n..:.l «, .I en. r}.~ V~~ . a.., o u , /1\ (~« n..l.,J:.. : n:,.«n ,. F F ..« I,.rn ... loo n n«A ,.« ,7,...,.1 ,. «.....o«rn .. ..Ie I,.a 1...: 1,7:«,. n: a „n ..F ... o.l.0.,.7 F ,.:1:.: ~n ..«,l .. ..«r.,«..o n :« l:o.. ,.F ..b.. ., , ...~ .....,. . ....,... . ... .. ~..... a. ........ ~ ......, o..w........... .... ,. . ,. .. . «.7 «l..««:« . ,. ,7:«~,.a,... nt. nll o rl.o l 11..., : « . b 4'.,,.r,..n :« .7 oar..... . . .:«:«,.: , y , b F al.,. n,.hnr: a.,r:,.« w .: a..l.l,~ a,... ll «...w:,,n ,. «0.7• ,........ ~ ....... w... / A \ TL.~ F..a...-,. ......~ . «,. a,.«a: ...... .,l «.....l.o. ,.F 1... :1,7:«,, n:a,.n :« l .,.al, rl.o :«. ,.1, e,7 n..1.,7:.. : n:,.« ,.~ l,.a \. .~ ..... ........, «.7 «.l Y~..a...a ' , e..l.ena F.. ,.:I:ti „n .- : l,.e ..«.7 :« al.e .. o ...............w...... . , 1. . rv ~ ~~/ i r ~ f f l I ° 8 e3E ~ J YC \' IS H~g' i iC-} i G s TL.e n..1.,7:..:,1,,.. ,.« ,7,.. ..1,.«0. ... o,.l +1... ,J,,,.: n: ,.« ..F ~l,o «1....« :«,. ,1:.-.,,.+, ... ..«.7 ,. ..... o....~....iMQ. .~. ..~.. ~.,r F .rth Qo,.ti 1n AEI nl n. e e ~~ Exhibit C 21.38.020 -Authority for land use and zoning decisions. Table 4-1 (Decision-Making Body) identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit; and other entitlements required by this Zoning Code. The community development director may refer any request to the planning commission for a decision. Additional fees shall not be charged to the applicant in the event of a community development director's referral. Table 4-1 Decision-Making Body Type of Permit or Decision-making body and Role (1) Decision Procedures Community Planning City Council are found in: Development Commission Director (2) Land Use Permits and other Development Entitlements __ ___ Administrative Planned 21.12.030 Decision Appeal Development Permits __ _ __ Administrative Site and 21.42 Decision Appeal Architectural Review Permits Conditional Use 21.46 Decision Appeal Permits __ Development 21.52 Recommend Decision Agreements - __ _ __ Fence Exceptions __ 21.18.060 Decision Appeal Home Occupation 21.44 Issuance Permits Parking Modification 21.28.050 Decision Decision/Appeal Decision/Appeal Permit (5) __ Planned Development 121.12.030 Recommend Decision Permits Pre-applications -_ 21.41 Comments(6) ' Comments(6) Reasonable 21.50 Decision(3) .Appeal Accommodations Sign Permits 21.30 Issuance(4) ' Decision(4) Decision(4) Appeal(4) _.__ __ Site and Architectural __ 21.42 'Decision Appeal 1 Review Permits Tree Removal Permits 21.32 Decision Appeal _. r r..,r~ .............r r .:r..., ~ r r e inn ~..........,.~ ~o Variances 21.48 Decision Appeal Zoning Clearances 21.40 Issuance _.. Zoning Code Administration and Amendments _._ __ General Plan ' 21.60 Recommend Decision Amendments Interpretations 21.02 .Decision Appeal __ __ Zoning Code 21.60 Recommend Decision Amendments __ - ___ Zoning Map 21.60 Recommend Decision Amendments __ 2