CC Resolution 12698 RESOLUTION NO. 12698
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL APPROVING A VARIANCE TO ALLOW THE
RETENTION OF EXISTING OVERHEAD UTILITY LINES
AND/OR THE PLACEMENT OF NEW POLES FOR PROPERTY
LOCATED AT 202 W. RINCON AVENUE. PROJECT FILE NO.:
PLN2018-225
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 approval of a Variance:
Environmental Finding(s)
1. The project may be found Categorically Exempt under Section 15332 of the
California Environmental Quality Act (CEQA, pertaining to In-Fill Development
Projects which are found consistent with all applicable general plan policies, zoning
regulations, are under five acres in size, and substantially surrounded by urban
uses. Further, the project qualifies for the exemption on the basis the site has no
value as habitat for endangered, rare, or threatened species (i.e. wetland), the
project will not result in any significant effects related to traffic, noise, or air/water
quality, and can be adequately served by all required utilities and public services.
2. The proposed alterations to existing vegetation, may be found Categorically Exempt
under Section 15304 of CEQA, pertaining to alterations which do not involve the
removal of healthy, mature, scenic trees.
Evidentiary Findings
3. The proposed project includes a Planned Development Permit to allow the
construction of nine (9) single family residences, a new private street, and
associated site and landscaping improvements; a Tentative Subdivision Map to
subdivide the site into nine (9) single-family lots with one (1) common lot; a Parking
Modification Permit to allow a reduction in the number of required parking spaces; a
Tree Removal Permit to allow the removal of one (1) fruitless mulberry tree; and a
Variance to allow the retention of existing overhead utility lines and/or the placement
of new poles for property located at 202 W. Rincon Avenue.
4. Campbell Municipal Code (CMC) Section 21.18.140.B.2 requires that construction of
a residential development with five or more dwelling units 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).
City Council Resolution No. 12698 Page 2 of 3
Approving a Variance
202 W. Rincon Avenue — Project File No.: PLN2018-225
5. Campbell Municipal Code (CMC) Section 21.18.140.C. prohibits new poles or
overhead lines 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. of the
code.
6. The proposed Variance is considered in conjunction with, and subject to the approval
of, the associated Planned Development Permit to allow the construction of nine (9)
single family residences, a new private street, and associated site and landscaping
improvements.
7. The existing service poles are unable to support required undergrounding (both poles
have transformers which are unable to support primary risers).
8. The Variance would allow the applicant to pursue one of the following options:
• Option 1: Add two new poles and remove one pole and all overhead lines.
• Option 2: Add a new pole and retain overhead lines.
• Option 3: Underground service to property (no new poles and no
undergrounding of overhead lines).
9. The conditions of approval establish a preference for the'order of operation in which
the above stated options are to be pursued before advancing to the next option.
10. The proposed Variance would allow for retention of existing overhead utility lines
and/or the placement of new poles to serve the proposed development.
Based upon the foregoing findings of fact and pursuant, the City Council further finds
and concludes that:
Variance Findings (CMC Sec. 21.48.040.B)
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.
City Council Resolution No. 12698 Page 3 of 3
Approving a Variance
202 W. Rincon Avenue — Project File No.: PLN2018-225
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 to allow the
retention of existing overhead utility lines and/or the placement of new poles for property
located at 202 W. Rincon Avenue, subject to the attached Conditions of Approval
(attached Exhibit A).
PASSED AND ADOPTED this 6th day of April, 2021, by the following roll call vote:
AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff
NOES: COUNCILMEMBERS: None
RECUSED: COUNCILMEMBERS: Gibbons
ABSENT: COUNCILMEMBERS: None
APPROVED:
Paul Resnikoff, Vice Mayor
ATTEST:-Y44GGLPC
Andrea San e s, Acting City Clerk
EXHIBIT A
CONDITIONS OF APPROVAL
Variance
Project File No.: PLN2018-225
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 to allow the retention of existing
overhead utility lines and/or the placement of new poles. The utility undergrounding shall
substantially conform to the Project Plans included as Attachment G, and depicted by
Figures 3 to 5, in the April 6, 2021 City Council Staff Report, except as modified by the
Conditions of Approval.
2. Preference: Utility undergrounding shall be engineered and implemented in the following
order (with 'a' representing the most preferred, and `c' representing the least preferred
approach):
a. Add two new poles and remove one pole and all overhead lines.
b. Underground service to property (no new poles and no undergrounding of
overhead lines).
c. Add a new pole and retain overhead lines.
Prior to advancing to a less preferred approach, the City Engineer must determine, in
writing, that the preceding approach is infeasible. The cost or inconvenience to implement a
preferred approach shall not be a basis for determining an approach infeasible. Compliance
with this condition of approval shall be to the satisfaction of the City Engineer.
3. Final Design: The final utility plan, including the location and alignment of all new risers,
new overhead utility lines, underground utilities, and above ground transformers and
equipment shall be to the satisfaction of the City Engineer and Community Development
Director.