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PC Res 4282RESOLUTION NO. 4282 BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDIf~ANCE AMENDING CAMPBELL MUNICIPAL CODE SEC. 21.18.140 (UNDERGROUNDING OF UTILITIES) TO EXEMPT DEVELOPMENT OF SINGLE-FAMILY RESIDENTIAL PROPERTIES LOCATED ALONG LOCAL STREETS FROM THE UTILITY UNDERGROUNDING REQUIREMENTS. FILE NO.: PLN2016-32 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 file number PLN2016-32: The project consists of a Zoning Text Amendment to the Campbell Municipal Code Sec. 21.18.140 (Undergrounding of Utilities) to exempt properties located along "local" streets, as defined by the Figure LUT-3 (Roadway Classifications Diagram), which would principally affect single-family residential properties. 2. The proposed Zoning Text Amendment would be consistent with the General Plan by ensuring greater uniformity in application of the City's existing utility underground requirements, in compliance 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. 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 on the foregoing findings of fact, the Planning Commission further finds and concludes that: The proposed amendment is consistent with the goals, policies, and actions of the General Plan; 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 the Zoning Code. Planning Commission Resolution No. 4282 PLN2016-32 -Recommending Approval of a Zoning Text Amendment Paae 2 THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council adopt the attached Ordinance (reference Exhibit A) recommending approval of the above described Zoning Text Amendment. PASSED AND ADOPTED this 22nd day of March, 2016, by the following roll call vote: AYES: Commissioners: Finch, Kendall, Reynolds, Rich, and Young NOES: Commissioners: None ABSENT: Commissioners: Dodd, Bonhagen ABSTAIN: Commissioners: None /f'~~ ~f~Jll*' APPROVED: vonne Kendall, Acting Chair ATTEST: Paul Kermoya Secretary Exhibit A Ordinance No. BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CAMPBELL MUNICIPAL CODE SECTION 21.18.140 (UNDERGROUNDING OF UTILITIES) TO EXEMPT DEVELOPMENT OF SINGLE-FAMILY RESIDENTIAL PROPERTIES LOCATED ALONG LOCAL STREETS FROM THE UTILITY UNDERGROUNDING REQUIREMENTS. 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 City Council of the City of Campbell does ordain as follows: SECTION 1: The City Council finds and determines that the adoption of the proposed Text Amendment qualifies as Exempt from the California Environmental Quality Act (CEQA) under Section 15061.b.3. which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. SECTION 2: Section 21.18.140 (Undergroundin.g of Utilities) of the Campbell Municipal Code is hereby amended as set forth in attached Exhibit A. Additions are indicated by underlined text and deletions are indicated by st~ilg# text. Portions of Section 21.18.140 not shown in underlined text or strikethrough type are not changed. SECTION 3: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: day of , 2016 by the following roll call APPROVED: Jason T. Baker, Mayor ATTEST: Wendy Wood, City Clerk EXHIBIT A 21.18.140 - Undergrounding of utilities. All development and remodels, shall provide for the undergrounding of existing and proposed utility facilities in compliance with this section, unless expressly 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). I. 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 [Arterial or Class II Arterial, as identified by the City of Campbell Roadway Classifications Diagram. 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 bearing 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. Excluding utility poles, Knew utilities, and all existing overhead utility lines, °~~'~~~'~~~ ~~*~'~*~~ ~~'°c, serving_property located along an arterial or collector street shall be installed underground with: a. Construction of asingle-family dwelling; b. Construction of a residential development with two or more dwelling 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 by fifty percent or more in the aggregate over the preceding five-year period; e. An addition to an existing single-family dwelling that within afive-year period adds and/or replaces fifty percent or more to the dwelling's gross floor area. Existing and/or new detached garages, secondary dwelling units, and other fully enclosed accessory structures shall be considered in this section; and f. A residential or non-residential subdivision that is subject to the provisions of Title 20, (Subdivision 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 lines 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 dwelling units; and c. A residential or non-residential subdivision that is subject to the provisions of Title 20, (Subdivision and Land Development) of the Campbell Municipal Code resulting in five or more parcels, exclusive of parcels created solely to provide access into a development site. A variance to the linear feet of overhead utility lines to be replaced underground may be granted in compliance with Chapter 21.48, (Variances). C. Development requirements. All new and existing electric, telecommunications, and cable television lines to be installed on the site to serve a proposed development shall be installed underground at the time of development except for surface 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, aNo new poles or overhead lines shall be allowed, except as determined necessary the city engineer to accomplish the removal of frontage lines and poles required by subsection B.2, above. D. 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. The requirements of this section do not apply to: 1. Existing or proposed major electrical transmission lines; 2. A service upgrade, modification, or relocation of an existing electrical panel that is unrelated to 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. Underground 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. 4-.S.Sin~le family dwellings on property located along a local street. Applicability of an exemption shall be determined by the community development director, which may be appealed as an interpretation of this Code in compliance with section 21.02.030 (Procedures for interpretations). (Ord. 2070 § 1 (Exh. A)(part), 2006: Ord. 2043 § 1 (part), 2004). (Ord. No. 2166, § 2(Exh. A), 5-7-2013)