PC Res 4096RESOLUTION NO. 4096
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
ADOPT AN ORDINANCE APPROVING A TEXT AMENDMENT
(PLN2011-154) TO AMEND THE CAMPBELL MUNICIPAL CODE
(SEC. 21.18.140 - UNDERGROUNDING OF UTILITIES AND SEC.
20.36.150 -UTILITIES) TO CLARIFY PROVISIONS PERTAINING TO
THE UNDERGROUNDING OF UTLITIES.
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 Planning Commission did find as
follows with respect to application PLN2011-154.
1. The project consists of a Text Amendment pertaining to existing requirements to
underground utility services, amending Campbell Municipal Code Sections 21.18.140
(Undergrounding of Utilities) and 20.36.150 (Utilities);
2. The Campbell General Plan directs the adoption of an Underground Utilities Ordinance.
The purpose of the Text Amendment is to further comply with Strategy LUT-7.2C:
Strategy LUT-7.2C: Undergrounding of Utilities: Adopt an ordinance for ensuring that
certain utilities, such as electricity (including main overhead
lines), cable and communications facilities, are placed
underground along the street frontage (boundary lines) and from
the street to the new structures (service drops) for new projects,
and for substantial remodeling projects.
3. The legislature of the State of California has, in Government Code Sections 65302,
65560 and 65800, conferred upon local government units authority to adopt regulations
designed to promote the public health, safety and general welfare of its citizenry;
4. The undergrounding of utility services serve to enhance the aesthetic qualify of the
community and to protect health and safety;
5. Review and adoption of this Text Amendment is done in compliance with California
government Code Sections 65853 through 65857, which require a duly noticed public
hearing of the Planning Commission whereby the Planning Commission shall provide its
written recommendation to the City Council for its consideration.
Based upon the foregoing findings of fact, the Planning Commission further finds and concludes
that:
1. The proposed amendment is consistent with the goals, policies, and actions of the
General Plan;
Planning Commission Resolution No. 4096
PLN2011-154 -Recommending approval of a
Page 2
Text Amendment -Undergrounding of Utilities
2. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or general welfare of the city; and
3. The proposed amendment is internally consistent with other applicable provisions of this
Zoning Code.
4. The Proposed Text Amendment is exempt from review under the California
Environmental Quality Act as there is no possibility for the project to have a significant
effect on the environment, pursuant to §15061(b)(3).
THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City
Council adopt an Ordinance approving a Text Amendment (PLN2011-154) amending the
Campbell Municipal Code (Sec. 21.18.140 -Undergrounding of Utilities and Sec 20.36.150 -
Utilities) to clarify provisions pertaining to the undergrounding of utilities, as set forth in
attached Exhibit A.
PASSED AND ADOPTED this 12th day of March, 2013, by the following roll call vote:
AYES: Commissioners: Brennan Finch, Reynolds and Roseberry
NOES: Commissioners: Razumich and Resnikoff
ABSENT: Commissioners: Gibbons
ABSTAIN: Commissioners: None
_~'^ ~ ~~
APPROVED: ~~~'" ~~
Philip C. Reynolds, Jr.,' hair
ATTEST:
Paul Ke~nh'oyan, Secretary
Exhibit A
21.18.140 - Undergrounding of utilities
All ~'~•epesed-development and ~~'~~-remodels,- ...~',~a~~b r~~a~~ ~a~ shall
provide for the undergrounding of existing and proposed utility facilities in compliance with this
section, unless expressl 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)
1. 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 City of
Campbell Roadway Classifications Dia ram.
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 bearinu 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 existinu overhead utility lines excluding utility poles
shall be installed underground with:
a. Construction of asingle-family dwellings
b. Construction of a residential development with two or more dwellin 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 bey
ercent (50%) or more in the aggregate over the precedin five-year 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 Exists
and/or new detached garages secondary dwelling units and other fully enclosed
accessory structures shall be considered in this section• and
£ A residential or non-residential subdivision that is subject to the provisions of Title 20
S( ubd;~.vision 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 limes and poles. Existing utility 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 dwellin>7 units: and
c. A residential or non-residential subdivision that is subiect to the provisions of Title 20
S( ubdivision and Land Development) of the Campbell Municipal Code resultin in five
or more parcels, exclusive of parcels created solely to provide access into a
development site.
A variance to the number of poles to be removed and/or linear feet of overhead utility lines
to be re laced under round ma be ranted in com liance with Cha ter 21.48
Variance,
z4-C. ~~~~~i~g--e~til}t-ies~Development requirements. All new and existing
electric, telecommunications, and cable television lines to be installed on the site to serve a
proposed development ,
si~shall be installed underground at the time of development except for
*^ "~a°'-^'-°"^^l-€as~it}es~~gsurface 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..al ^°~~~ ^°mm°r,.:.,1 a°, 1
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~D. ~'r~~e~~°~ ~~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. 7'he requirements of this section do not apply to:
1. Existing oar proposed major electrical transmission lines; a~
2. A $service upgrades modification, or relocation t~of an existing electrical panel that is
unrelated t:o site improvements that would otherwise require undergrounding of utilities in
compliance with this section, and which would not result in an increase in overhead utility
line length_-
3. Under~l'ou.nd installations that would require substantially crossing the rear yard of an
adjacent single-family residential property' and
4. Underground installations precluded by a topographical soil or other environmental
condition.
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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>;rounding of utilities are contained in Section
21.18.140, (Undf,~roundin~ of utilities) of the Campbell Municipal Code
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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 dire;ctor'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
Development Permits
Administrative Site and 21.42
Architectural Review
Permits
Conditional Use 21.46
Permits
Development 21.52
Agreements
Fence Exceptions 21.18.060
Home Occupation 21.44
Permits
Parking Modification 21.28.050
Permit (5)
Planned Development 21.12.030
Permits
Pre-applications 21.41
Reasonable 21.50
Accommodations
Sign Permits 21.30
_.
Site and Architectural 21.42
Decision Appeal
Decision Appeal
Decision
Recommend
Decision Appeal
Issuance
Decision Decision/Appeal
Recommend
Comments(6) Comments(6)
Decision(3) Appeal
Appeal
Decision
Decision/Appeal
Decision
Issuance(4) Decision(4) Decision(4)
Appeal(4)
Decision Appeal
Review Permits
Tree Removal Permits 21.32 Decision
~~` ~'~ 4~ ^*o ~~e
Variances 21.48
Zoning Clearances
__ 21.40 Issuance
Zoning Code Administration and Amendments
General Plan 21.60
Amendments
Interpretations 21.02 Decision
Zoning Code 21.60
Amendments
Zoning Map 21.60
Amendments
Appeal
Decision Appeal
Recommend Decision
Appeal
Recommend Decision
Recommend Decision
2