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PC Res 4234RESOLUTION NO. 4234 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A VARIANCE (PLN2015-167) FOR THE RESIDENCES AT RAILWAY DEVELOPMENT LOCATED AT 208 & 226-328 RAILWAY AVENUE & A PORTION OF 290 DILLON 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 Planning Commission finds as follows with regard to the recommended approval of a Variance (PLN2015-167): Environmental Finding 1. On the basis of the Infill Environmental Checklist, and as supported by substantial evidence, the project will not have a significant effect on the environment due to mitigation measures adopted in a previous Environmental Impact Report (EIR), application of uniformly applicable development policies, and incorporation of project- specific mitigation measures agreed to by the project proponent, as specified by the draft Mitigated Negative Declaration. Evidentiary Findinos 1. The proposed project ("project") is a planned residential development consisting of 157-units, comprised of 119 apartment units (rental) and 32 townhouse (for sale) and six duet (for sale) units, and associated on- and off-site improvements, as well as removal of existing on-site trees. The project includes applications for a Planned Development for the approval of site configuration and architectural design, Vesting Tentative Subdivision Map to create individual townhome, duplex and commonly owned lots, Tree Removal Permit to allow for the removal of protected trees, Sign Exception to allow for a large decorative sign element, and Variance to allow the placement of a new service pole in association with the project's undergrounding of overhead utilities. 2. The project site is an assemblage of thirteen parcels located on both sides of Railway Avenue and also includes a small portion of the City Corporation Yard, located at the end of Dillon Avenue, which all together totals 3.90 net acres (4.66 gross). 3. The project site is generally bordered by the Avalon Apartment Community to the south, the remaining City Corporation Yard to the east, the VTA light rail line to the west, and the Calvary Temple of Campbell (church) to the north. 4. The project site is zoned P-D (Planned Development) as shown on the Campbell Zoning Map. 5. The proposed Variance may be approved concurrently, and subject to, a Planned Development Permit. 6. The proposed variance would allow for the placement of a new utility pole north of the property line with a supporting guy wire. Planning Commission Resolution No. 4234 Findings Recommending Approval of a Variance (PLN2015-167) Page 2 7. The applicant proposed four design "Options". In consideration of the available Options, staff is only able to support Option #4 in that the placement of an additional service pole in front of the Church (Options 1 - 3) would be detrimental to aesthetics of the adjoining property and resultantly offload the burden of undergrounding on the Church in the event future improvements warrant undergrounding. 8. A Variance application may only be approved after first making all five of the findings identified in Subsection (B) (Variance Findings) outlined under 21.48.040 -Findings and Decision of the Campbell Municipal Code. 9. In consideration of Finding #1 (Option 4) -Utilities cannot be placed on the first pole to the north (which serves as the "nearest aboveground utility") as the close proximity to the northerly project driveway would not allow for guy wires and anchors required to support the weight of the remaining overhead facilities to the north after conversion. Furthermore, there are two aerial transformers on this pole which would prevent PG&E from using this as a riser pole. PG&E electric facilities cannot riser up the next pole to the north as there is an existing aerial switch on this pole and therefore unable to use as a primary riser pole. AT&T and Comcast could riser up this pole but removing their overhead lines from the previous pole would prompt the undergrounding of the existing AT&T and Comcast services to 202 and 209 Railway Avenue. This would also prompt the installation of both AT&T and Comcast boxes within the existing sidewalk along the frontage of the 202 Railway Avenue and likely additional boxes in the sidewalk near the new riser pole. All trenching would likely be in the street parallel to the FOC to avoid impact to existing street trees. As a result, there is no riser space for PG&E on either of the first two poles beyond the project boundary and although there is space on the furthest pole for AT&T and Comcast it would involve trenching onto existing properties, placing boxes in the sidewalk and converting the existing properties overhead service to underground which are all unnecessary hardships inconsistent with the objectives of the Zoning Code. 10. In consideration of Finding #2 (Option 4) -The Utility Pole located immediately to the north of the site, which serves as the "nearest aboveground utility", cannot accommodate the required undergrounding as there is no space for down guys and anchors. To require the extension of the underground beyond the Utility Pole to avoid the placement of a new service pole would deprive the applicant the privilege to cease undergrounding at the nearest aboveground utility as would be permitted for the owners of other properties classified in the same zoning district. 11. In consideration of Finding #3 (Option 4) -The first overhead Utility Pole beyond the project boundary is located within 5' of an existing driveway leaving no space for placement of required down guys and anchors which would support the weight of the remaining overhead lines to the north of the pole. This pole is also encumbered with two aerial transformers as well as providing overhead service to two existing properties. In addition, the next pole to the north is encumbered with an aerial switch and therefore cannot accommodate a primary riser. Planning Commission Resolution No. 4234 Findings Recommending Approval of a Variance (PLN2015-167) Paae 3 Since the first and second utility poles cannot accommodate risers, it can reasonably be concluded that extraordinary conditions exist which do not apply to other properties classified in the same zoning district where generally the nearest aboveground utility would be adequate to accommodate additional risers. 12. In consideration of Finding #4 (Option 4) -The addition of a new utility pole along the frontage of the adjacent property to the north of the property line in-lieu of extending the underground of overhead utilities would deviate from the underground requirements in a manner that, for the reasons listed in Findings 1 and 2, achieves the most feasible method of conforming to the underground requirements. The proposed Variance would result in the most minimal departure of the project's undergrounding requirements as feasible while not depriving the applicant privileges enjoyed by other properties in the same zoning district (see Finding #2), and provided that the project will fully comply with all other undergrounding requirements, it can be reasonably concluded that the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. 13. In consideration of Finding #5 -The removal and replacement of a utility pole on the adjacent property frontage north of the project property line, in-lieu of extending the underground of overhead utilities to the next existing utility pole located 5' beyond the adjacent property driveway, would provide very limited impact to the adjacent property as it does not conflict with the location of windows, doorways, driveways or other access points to the adjoining Church property to the north and would not offload the burden of undergrounding an additional pole on the adjoining property in the event future improvements to the site warrant undergrounding. The existing service poles cannot accommodate the number of risers required while also providing safe climbing access for PG&E staff, and would furthermore be unable to support the placement of a guy wire without conflicting with safe access to existing and proposed driveways. Therefore, it can be reasonably concluded that the applicant's request to install another service pole would ensure continued safe operation and maintenance of the utility services in the area, and thereby not be detrimental to the public health, safety, and welfare or improvements in the vicinity. Based upon the foregoing findings of fact, the Planning Commission 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. 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. Planning Commission Resolution No. 4234 Findings Recommending Approval of a Variance (PLN2015-167) Page 4 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. 6. Option 4 is the only option able to meet all five of the required findings. THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of a Variance (PLN2015-167) for the Residences at Railway Development located at 208 & 226-328 Railway Avenue & a portion of 290 Dillon Avenue, subject to the attached Conditions of Approval (attached Exhibit "A"). PASSED AND ADOPTED this 11th day of August, 2015, by the following roll call vote: AYES: Commissioners: Reynolds, Kendall, Bonhagen, Dodd, and Rich NOES: Commissioners: None ABSENT: Commissioners Finch and Young ABSTAIN: Commissioners: None ~-.. ,~ ,.-, ;' APPROVED: i 1~~ fem. !r ATTEST: v ! -~~''~ Cynthy~ Dodd, Acting Chair Paul Kermoyan, Secretary EXHIBIT A RECOMMENDED CONDITIONS OF APPROVAL VARIANCE (PLN2015-167) 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 for a Variance (PLN2015-167) to allow the placement of an additional service pole in accordance with "Option 4" of the Utility Undergrounding Exhibits as referenced in the Staff Report. This permit shall be valid only in conjunction with the approved Planned Development Permit (PLN2014-323), Tentative Vesting Subdivision Map (PLN2014-324), and Tree Removal Permit (PLN2014-329). The Final Street Improvement Plans shall substantially conform with the Utility Undergrounding Exhibits, dated July 16, 2015, except as may be modified by the conditions of approval herein. 2. Service Pole: The new service pole shall match the height of the adjoining service poles located along Railway 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 3. 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 north of the property frontage.