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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.