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CC Resolution 12751RESOLUTION NO. 12751 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING OF A VARIANCE TO ALLOW THE PLACEMENT OF A NEW UTILITY POLE FOR PROPERTY LOCATED AT 2575 & 2585 S. WINCHESTER BOULEVARD PROJECT FILE NO.: PLN2019-39 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. Evidentiary Findinas 2. The proposed project includes a Planned Development Permit to allow the construction of an approximately 50-foot tall mixed -use building (15 apartment units and approximately 2,106 square feet of ground floor commercial space) with at -grade and underground parking and associated site improvements, a Tentative Parcel Map to allow the merger of two parcels, dedication of additional public right-of-way and new public utility easements, and the abandonment of existing public utility easements, a Tree Removal Permit to allow the removal of ten (10) on -site trees, a Density Bonus to allow a reduction in required parking, and a Variance to allow the placement of a new utility pole for property located at 2575 & 2585 S. Winchester Boulevard. 3. The project site comprises two parcels located at the northwest corner of S. Winchester Boulevard and Friar Way which have a combined net lot area of approximately 14,688 square -feet (.33 acres). 4. The site is developed with two single-family homes and improved with 10 trees which would be removed as part of the project. 5. The project site is bordered by a small commercial center (automotive repair) to the north and a single-family residence to the west. City Council Resolution No. 12751 Page 2 of 4 Approving a Variance 2575 & 2585 S. Winchester Boulevard — Proiect File No.: PLN2019-39 6. There are currently no rare, threatened, endangered or sensitive animals, plants, or natural communities within City limits according to City of Campbell General Plan and California Department of Fish and Wildlife Natural Diversity Database. 7. The site is not a wetland or otherwise known to serve as a habitat for endangered, threatened or species (developed with a single-family residence and several accessory buildings and in a very urbanized environment not likely to have an unrecorded species). 8. The project site is designated by the Campbell General Plan Land Use Diagram as Residential/Commercial/Professional Office (21-27 Units/Gr. Acre). The proposed project would result in a density of approximately 23-units per gross acre, consistent with General Plan Land Use Designation. 9. The property is zoned P-D (Planned Development). 10. The proposed Planned Development Permit is considered in conjunction with and subject to, a Tentative Parcel Map to allow the merger of two parcels, dedication of additional public right-of-way and new public utility easements, and the abandonment of existing public utility easements. 11. The proposed project would be consistent with the following General Plan policies and strategies: Goal LUT-5: Preservation and enhancement of the quality character and land use patterns that support the neighborhood concept. Policy LUT-5.1: Neighborhood Integrity: Recognize that the City is composed of residential, industrial and commercial neighborhoods, each with its own individual character; and allow change consistent with reinforcing positive neighborhood values, while protecting the integrity of the city's neighborhoods. Policy LUT-5.2: Residential Neighborhoods: Maintain safe, attractive, pedestrian friendly residential neighborhoods with identifiable centers and consistent development patterns and a range of public and private services. Strategy LUT-5.2a: Neighborhood Compatibility: Promote new residential development and substantial additions that are designed to maintain and support the existing character and development pattern of the surrounding neighborhood, especially in historic neighborhoods and neighborhoods with consistent design characteristics. Policy LUT-9.3: Design and Planning Compatibility: Promote high quality, creative design and site planning that is compatible with surrounding development, public spaces and natural resources. Strategy LUT-9.3e: Building Materials: Encourage the use of long-lasting, high quality building materials on all buildings to ensure the long-term quality of the built environment. Strategy LUT-9.3f: Development Orientation: Orient new development toward public and private amenities or open space, in particular: • Orient front entrances, living/office area and windows toward the amenity or open space. • Orient high activity areas such City Council Resolution No. 12751 Page 3 of 4 Approving a Variance 2575 & 2585 S. Winchester Boulevard — Project File No.: PLN2019-39 as outdoor dining areas and plazas, and major pedestrian routes toward the amenity or open space. Strategy LUT-10.1 c: Outdoor Common Areas: Encourage well -designed and landscaped outdoor common areas for eating, relaxing, or recreation for new projects, and if feasible, when buildings are remodeled or expanded. When possible, the common outdoor areas should adjoin natural features. Strategy LUT-11.1d: Bicycle and Pedestrian Connections in Development: Encourage new or redeveloping projects to provide logical bicycle and pedestrian connections on site, between parking areas, buildings, and street sidewalks and to existing or planned public right-of-way facilities and encourage pedestrian passages between street -front sidewalks and rear -lot parking areas. Ensure that the bicycle and pedestrian connections interface safely. Strategy LUT-12.1c: Parking Lot Design: Design parking lots to minimize impacts on the street system by providing adequate sized driveways, sufficient queuing and efficient circulation. 12. 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. 13. 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. 14. The proposed Variance is considered in conjunction with, and subject to the approval of, the associated Planned Development Permit to allow the construction of an approximately 50-foot tall mixed -use building (15 apartment units and approximately 2,106 square feet of ground floor commercial space) with at -grade and underground parking and associated site improvements. 15. The existing service poles are unable to support required undergrounding (they are equipped with transformers which are unable to support primary risers). 16. The proposed Variance would allow for placement of a new utility pole 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) 17. 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. City Council Resolution No. 12751 Page 4 of 4 Approving a Variance 2575 & 2585 S. Winchester Boulevard — Project File No.: PLN2019-39 18. 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. 19. 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. 20. 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. 21. 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- 39) to allow the placement of a new utility poles for property located at 2575 & 2585 S. Winchester Boulevard, subject to the attached Conditions of Approval (attached Exhibit A). PASSED AND ADOPTED this 171h day of August, 2021, by the following roll call vote: AYES: COUNCILMEMBERS: Bybee, Landry, Lopez, Resnikoff NOES: COUNCILMEMBERS: None RECUSED: COUNCILMEMBERS: Gibbons ABSENT: COUNCILMEMBERS: None APPROVED: / C?- Paul Resnikoff, Vice May ATTEST: Dusty Christopherson, City Clerk EXHIBIT A CONDITIONS OF APPROVAL Variance Project File No.: PLN2019-39 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 to allow the placement of a new utility pole. The utility undergrounding shall substantially conform to the Project Plans, included as Attachment F, in the August 17, 2021, City Council Staff Report, except as modified by the Conditions of Approval. 2. Planned Development Permit: The Variance is contingent upon approval of the associated Planned Development Permit. 3. Final Design: The final utility plan, including the location and alignment of the new utility pole and 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.