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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 ,,,7„~*,-:,,1 ,a°.,°~#i}Bl}7=~-~}} ,1°,~,] @l ~r6f +~nmt- r '+ 1, it 1. ~-cP~ricr cr2"~ 6~pi~Pi~~S-`F'~t13 f d ° ° : +•, •••jarar-rninrl nll °,-1,°~a *'1'~ 1' 1 ~L. ,.+~~ 1.1' + + ~' a ~ (j ~r , ~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. lit~~ ~x»iv°~-~}lEL6E1}~}}}}Hsi-t~-aC'~r'-P~9pi~C~~-arrCE~6~-,-L}~36~?-~'cv6~6i~-f-F-H~ ~ , ~,.,°,-L,°~a ~ ^;1;+-i-F?r in_ta.ra~i .,f',,,,.1°.-~.,-.,,,«„7 ~ ..:1:*;°~ ..,1, ~ 1,' 1 '1 ~L, ,7'a' ..,., ........,.... ....~.. .b` uiiu iuv , , - .i ~c-"~~mc~ ixaat-&liut~6i~--~~Fe~S6~3a~~8--Alm-iii}pit'1'Et~E&1-Ura~Scrmrt-~6Zixa~~e~-zZ~ v~ LA,-„,°.,1~\ , .,,1°.~.,,-.,,,,~.1 „+:1;~., , ° •°,-;.,1 .,,,.7 ~ ° rl, ~' + 1 1,1 b J ~ ~i ~~~~~ v ~ ~ u au ~ ~nv~l-~n i.f 4~o n ..~~on4 n't ~ ,, ~,,,,7~~7 Otr:'~~~nn~i -~}°-1., .,~;., ..F i ~l~~i~} ~l, ~'1'~ 1 .] ~' ~ nn o r i g :r' ~~ -r~. +• -~-~-~;. 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 ~,~7nriz'-~~ ice--stele-t ~~ +.. ~ , ~~--~Qt-a ~ 1- , ___"_~ ~ ee~ested -t+ ~ t ~ ~B-- St: ~ ~ ' ~ ~ i~°~ ~° ~c' L~ l TL, ~ ~T ~T~ tr°ct~rm „-nr_~ T~_ _ - ininczi a ,.,,ro,-,+ f thr~c„1 *'+ +' ; ,,1 .~,l.o F 1. ' cri ~u'+ i, 1,7' '+ ii ` t + tt 1. +l, .-+• +l. t a ,7 - ~~- 7 t ,+ ~~ud~ t- v. o n' Ta T SjTrc T'Trr~ yrlf rtrc- itt'o C77' V`C ~,.,ov~r ici~~ ~ c TTlrxv- "~crvc`~ir` ic"t~iti r"n nr o,- , Y i~ 1,.+ ~,,.7 +l, `r + , r ~~ m ~t,~tt ...,,,t. o the nefes I" ~a~ --- ~;'m e~rer~i Y J b s-~~~~k t ~ av +,'t'+ ° l ~ ~ ~ ~ g -- ~ ~ } -ee ~ e-s-- -r~~e~ d--fer--t he ~~ %~ ~mi -- --}~3 ~ ~~ t ~ ~ f ~ ,.+; .,1 imprc~cczva r. r a. rgc+crct a 5 & t ~ }633 6 t c- uci- ~~ ~@S-ici}FBa S6rri~~c-- vr 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