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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.