CC Resolution 11838
RESOLUTION NO. iissa
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY -
OF CAMPBELL APPROVING VARIANCE (PLN2015-67)
ALLOWING A REDUCTION IN THE NUMBER OF UTILITY
POLES TO BE REMOVED AND LINEAR FEET OF OVERHEAD
LINES TO BE REPLACED UNDERGROUND IN ASSOCIATION
WITH A PREVIOUSLY-APPROVED 18-UNIT TOWNHOME
PROJECT LOCATED AT 45-81 KENNEDY AVENUE.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
The City Council finds as follows with regard to File No. PLN2015-67:
Environmental Finding
1. 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.
Evidentiary Findings
1. The project area consists of an approximately 400 foot. long segment of Kennedy
Avenue located between Industrial Way and Winchester Boulevard.
2. The proposed variance would allow for a reduction in the number of utility poles to be
removed and in the' linear feet of overhead lines to be replaced underground along the
project area, by allowing the installation of a new power pole east of the development
frontage, and a new guy wire extending in front of the development frontage.
Based upon the foregoing findings of fact, the City Council further finds and concludes
that:
1. The strict or literal interpretations and enforcement of the specified regulation(s) would
result in a practical difficulty or unnecessary physical hardship inconsistent with the
objectives of the Zoning Code.
2. The strict or literal interpretations and enforcement of the specified regulation(s) would
deprive the applicant of privileges enjoyed by the owners of other properties classified
in the same zoning district.
City Council Resolution .
Findings for Approval of a Variance
File No.: PLN2015-67
Page 2
3. There are exceptional or extraordinary circumstances or conditions applicable to the
subject property (i.e. size, shape, topography) which do not apply generally to other
properties classified in the same zoning district.
4. The granting of the Variance will not constitute a grant of special privileges inconsistent
with the limitations on other properties classified in the same zoning district.
5. The granting of the Variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the area.
THEREFORE, BE IT RESOLVED that the City Council approving a Variance (PLN2015-
67) allowing a reduction in the number of utility poles to be removed and linear feet of
overhead lines to be replaced underground in association with apreviously-approved 18-
unit townhome project located at 45-81 Kennedy Avenue, subject to the attached
Conditions of Approval (Exhibit A).
PASSED AND ADOPTED this
vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
16th day of June , 2015, by the following roll call
Gibbons, Resnikoff, Ifotowski, Baker
Cristina
None
None
APPROVED:
ATTEST: M vo
Wendy od, Acting City Clerk
CONDITIONS OF APPROVAL
Variance (PLN2015-67)
EXHIBIT A
Where approval by the Director of Community Development, City Engineer, Public Works
Director, City Attorney or Fire Department is required, that review shall be for compliance
with all applicable conditions of approval, adopted policies and guidelines, ordinances,
laws and regulations and accepted engineering practices for the item under review.
Additionally, the applicant is hereby notified that he/she is required to comply with all
applicable Codes or Ordinances of the City of Campbell and the State of California that
pertain to this development and are not herein specified.
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Approved Project: Approval is granted fora 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 a previously approved 18-unit
townhome project at 45-81 Kennedy Avenue in accordance with the Revised
Undergrounding and Overhead Electrical Plan. The Final Street Improvement Plans
shall substantially conform with the Revised Undergrounding & Overhead Electrical
Plan, dated April 22, 2015, except as may be modified by the conditions of approval
herein.
2. Previous Conditions: All conditions of approval of the previously approved Modification
(PLN2014-237) to the previously approved Planned Development Permit (PLN2013-
006) as approved by City Council Resolution No. 11786, shall remain in effect except
as may be modified by the Conditions of Approval herein.
3. Service Pole: The new service pole shall match the height (50-feet) of the existing
utility pole located at the corner of Industrial Way and Kennedy Avenue. All utility lines
shall be installed at level heights and no extra slack shall be allowed as to result in
loops of extra line being stored overhead.
Public Works Department
4. Final Street Improvement Plans: The applicant shall reflect the Rule 20 scope of work
in the Final Street Improvement Plans to include the installation of a new power pole
and guy wire east of the property frontage.