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)