CC Resolution 12649 RESOLUTION NO. 12649
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A VARIANCE (PLN2019-207) TO
ALLOW RETENTION OF EXISTING OVERHEAD UTILITY LINES
TO SERVE A PROPOSED DEVELOPMENT ON PROPERTY
LOCATED 1055 FLORENCE WAY. FILE NO.: PLN2019-207
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 City Council finds as follows with regard to the recommended approval of a Variance
(PLN2019-207):
1. The Proposed Project is application for a Variance (PLN2019-207) to allow retention
of existing overhead utility lines in association with a proposed Planned Development
Permit (PLN2019-206) to allow construction of an approximately 7,000 square-foot
single-story industrial building with a Parking Modification Permit to allow a reduction
in the number of required parking stalls.
2. Campbell Municipal Code (CMC) Section 21.18.140.B.2 requires that construction of
a non-residential main structure 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).
3. Hacienda Avenue is "Commercial/Industrial 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.
4. The proposed Variance would allow retention of existing overhead utility lines and use
of overhead utilities to serve the proposed development pursuant to CMC Section
21.18.140.B.2
5. The proposed Variance (PLN2019-207) is considered in conjunction with and subject
to, a Planned Development Permit (PLN2019-206) to allow construction of a 7,000
square-foot single-story industrial building.
6. 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.
City Council Resolution 12649 Page 2 of 2
PLN2019-207 —Variance
1055 Florence Way
7. A Variance to allow retention of existing overhead utility lines and installation of a new
utility pole on private property would result in no new poles and not disrupt adjacent
properties.
Based upon the foregoing findings of fact and pursuant, the City Council 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.
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 City Council approves a Variance (PLN2019-
207) to allow retention of existing overhead utility lines, located at 1055 Florence Way,
subject to the attached Conditions of Approval (attached Exhibit A).
PASSED AND ADOPTED this 20th day of October, 2020, by the following roll call vote:
AYES: COUNCILMEMBERS: Waterman, Bybee, Resnikoff, Gibbons, Landry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
APPROV ii`t74 /k \icy,
Susan Landry, Mayor
ATTEST: 0 / 04,4
Andrea Sa ers, Deputy City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Variance (PLN2019-207)
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 (PLN2019-207) to allow retention of
existing overhead utility lines as indicated on Revised Project Plans, stamped as received
by the Community Development Department on July 29, 2020, for property located at 1055
Florence Way.
2. Final Design: The final utility plan, including the location and alignment of all new risers, new
overhead utility lines, and underground utilities shall be to the satisfaction of the City Engineer
and Community Development Director.