PC Res 4496RESOLUTION NO: 4496
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL RECOMMENDING THAT THE CITY COUNCIL
APPROVE A VARIANCE (PLN2018-325) TO ALLOW RETENTION OF
EXISTING OVERHEAD UTILITY LINES AND INSTALLATION OF A
NEW UTILITY POLE ON PRIVATE PROPERTY TO SERVE A
PROPOSED DEVELOPMENT ON PROPERTY LOCATED 1631
HACIENDA AVENUE. FILE NO.: PLN2018-325
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 (PLN2018-325):
Environmental Finding
An Initial Study has been prepared for the proposed project which provides documentation
for the factual basis for concluding that a Mitigated Negative Declaration may be adopted
since no substantial evidence exists,.in light of the whole record, that the project may have
a significant effect on the environment as conditioned.
Evidentiary Findings
The proposed project is application for a Zoning Map Amendment (PLN2018-155) to
amend the Campbell Zoning Map to rezone the project site from R-1-9 (Single -Family
Residential) to P=D (Planned Development); a Planned Development Permit (PLN2018-
156) to allow construction of six two-story single-family homes, an accessory dwelling unit,
a new private street, and associated site and landscaping improvements; a Tentative
Subdivision Map (PLN20'18-157) to create six private lots and one common lot, and
associated public and private easements; a Variance (PLN2018-325) to allow retention of
existing overhead utility lines and installation of a new utility pole on private property to
serve the proposed development; and a Tree Removal Permit (PLN2018-158) to allow
removal of on -site protected trees. '
2. The project site consists of two. parcels located along Hacienda Avenue, east of Harriet
Avenue, which is developed with a single-family residence that will be demolished as part
of the proposed project.
3. , Campbell Municipal Code (CMC) Section 21.18.140.B.2 requires that residential or non-
residential subdivisions resulting in five or more parcels, located along an arterial or
collector street —as identified by the Campbell Roadway Classifications Diagram —include
removal of existing utility poles and associated overhead utility lines located along the
abutting frontage the development site to be replaced with underground utilities. However,
CMC Section 21.18.140.B.2 further provides that a Variance to the linear feet of overhead
utility lines to be replaced underground may be granted in compliance with Chapter 21'.48,
(Variances).
Planning Commission Resolution No. 4496 Page 2 of 3
Recommending Approval of a Variance
1631 Hacienda Avenue — File No.: PLN2018-325
4. CMC Section 21.18.140.0 also specifies that no new poles or overhead lines shall be
allowed, except as determined necessary by the city engineer to accomplish the removal
of frontage lines and poles required -by Section 21.18.140.B.2. In granting a Variance to -
the frontage utility requirement of Section 21.18.140.B.2, the Community Development
Director has determined pursuant to Section 21.02.030 (Procedures for interpretations)
that prohibition on new utility poles is not applicable such that without installation of a new
pole, the granting of a Variance to maintain overhead utility lines could not be exercised
due to the utility installation requirements of the Pacific Gas and Electric Company which
do not allow a single utility pole to concurrently provide overhead and underground
electrical service.
5. Hacienda Avenue is "Residential Collector" street as identified by the Campbell Roadway
Classifications Diagram. The proposed project is, therefore, subject to the frontage utility
undergrounding requirements specified by CMC Sec. Section 21.18.140.B.2.
6. The proposed Variance would allow retention of existing overhead utility lines and
installation of a new utility pole on private property to serve the proposed development
pursuant to CMC Section 21.18.140.B.2
7. The proposed Variance (PLN2018-325) is considered in conjunction with and subject to, a
Planned Development Permit (PLN2018-156) to allow construction of six two-story single-
family homes, an accessory dwelling unit, a new private street, and associated site and
landscaping improvements.
8. Removal of the existing overhead utility lines located along the public street frontage of the
project site would require placement of two additional utility poles and potential
replacement of existing overhead utility service to multiple neighboring properties that are
under control by the applicant.
9. A Variance to allow retention of existing overhead utility lines and installation of a new
utility pole on private property would result in fewer new poles and not disrupt adjacent
properties.
Based upon the foregoing findings of fact and pursuant, 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. 4496
JRecommending Approval of a Variance
1631 Hacienda Avenue - File No.: PLN2018-325.
Page 3 of 3
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 Planning Commission recommends approval of
Variance (PLN2018-325) to allow retention of existing overhead utility lines and installation of a
new utility pole on private property to serve the proposed development, located at 1631
Hacienda Avenue, subject to the attached recommended Conditions of Approval (attached
Exhibit A).
PASSED AND ADOPTED this 23rd day of April, 2019, by the following roll call vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
Rivlin, Krey; Hines, Ching, and Ostrowski
APPROVED:
ATTEST:
Paul Kermoyan, Secretary
EXHIBIT.A
RECOMMENDED CONDITIONS OF APPROVAL
- Variance (PLN2018-325)
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:
Approved Project: Approval is granted for a Variance (PLN2018-325) to allow retention of
existing overhead utility lines and installation of a new utility pole on private property, as
indicated on the Revised (February 15, 2019) Joint Trench Plans (Sheets JT-1 and JT-1) of.
the Revised Project Plans, dated as received by the Planning Division on April 9, 2019, for
property located at 1631 Hacienda Avenue, except as may be modified by the Conditions
of Approval herein.
,.
2. Final Design: The final joint trench plan, including the location and alignment of all'new and
replaced utility poles, new overhead utility lines, and underground utilities shall be to the
satisfaction of the City Engineer and Community Development Director.
3. Fire Department Clearance: Overhead utility lines over the new private roadway shall
provide the necessary vertical clearance for fire apparatus of 13-feet, 6-inches, as specified
by California Fire Code Section 503.