CC Ordinance 2202Ordinance No. 2202
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 ALL PROPERTIES LOCATED ALONG
LOCAL STREETS AND SINGLE-FAMILY RESIDENTIAL PROPERTIES LOCATED ON
RESIDENTIAL COLLECTOR 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 (Undergrounding 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 °+riLo+hrn~ ~nh 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 17t" day of May, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Resnikoff, Cristina, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
O
Ja on .Baker, Mayor
ATTEST:
endy ood, ity 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).
1. 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 I 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, ~r7ew utilities, and all existing overhead
utility lines, ^..,,r„~;,,n ,,,_;r;+,. „~,j~,~, seiti~in~~ property located alone an arterial or
collector street shall be installed underground with:
a. Construction of a single-family dwelling, except when located along a
residential collector street;
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
except when located along a residential collector street. 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 ~ r,~,^~- ^~ "^'^° *^ "° ~°~' °^a.'^~~ linear feet of overhead utility
lines to be replaced underground may be granted in compliance with Chapter 21.48,
(Variances).
C. Development requirements. As required by this section, Aall 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. ~I~TO new poles or overhead lines
shall be allowed, except as detetniined necessary by the citti~ engineer to accomplish. the
removal of frontage lines and boles 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:~.Sin~le family dwellings on property located along a local or residential collector
tiYl'BP.t'.
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).