PC Res 4673RESOLUTION NO. 4673
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL DENYING WITHOUT PREJUDICE A
VARIANCE TO ALLOW RETENTION OF EXISTING OVERHEAD
UTILITY LINES TO SERVE A PROPOSED DEVELOPMENT ON
PROPERTY LOCATED 911 S. MCGLINCY LANE. FILE NO.:
PLN2019-58.
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 denial of a Variance:
1. The Proposed Project is application for a Variance to allow retention of existing
overhead utility lines in relation with an application for a Site and Architectural
Review Permit (PLN2019-58) to allow construction of an approximately 5,350
square-foot industrial building with a requested increase to the allowable floor area
ratio (FAR), elimination of the side and rear setbacks, and a reduction to the
required landscaping area.
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. South McGlincy Lane 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 aforementioned development pursuant to CMC
Section 21.18.140.B.2
5. Pursuant to CMC Section 21.48.030.C, it is the responsibility of the applicant to
establish evidence in support of the findings for a Variance required by Section
21.48.040 (Findings and Decision).
6. The applicant has not furnished any evidence in support of the affirmative
determination of the required findings for a Variance.
7. Denial of the Variance without prejudice is allowable pursuant to CMC Sec.
21.56.080, to allow the applicant to submit a new application for a Variance for
future consideration of the request.
Planning Commission Resolution No. 4673 Page 2 of 4
PLN2019-58 – Variance
911 S. McGlincy Ln.
8. It is the Planning Commission's intent to maintain severability between the
application for a Variance and the aforementioned application for a Site and
Architectural Review Permit, such that a subsequent application for a Variance shall
not require an amendment or modification to the Site and Architectural Review
Permit.
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 not 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 not deprive the applicant of privileges enjoyed by the owners of other
properties classified in the same zoning district.
3. There are not 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 would 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 would be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the area.
Environmental Finding(s) (CMC Sec. 21.38.050):
1. The project is Statutorily Exempt under Section 15270(a) of the California
Environmental Quality Act (CEQA), pertaining to projects which a public agency
rejects or disapproves.
THEREFORE, BE IT RESOLVED that the Planning Commission denies without
prejudice a variance to allow retention of existing overhead utility lines to serve a
proposed development on property located 911 s. McGlincy Lane
PASSED AND ADOPTED this 28th day of March, 2023, by the following roll call vote:
AYES: Commissioners: Krey, Kamkar, Zisser, Buchbinder, Ostrowski, Fields
NOES: Commissioners:
ABSENT: Commissioners: Ching
ABSTAIN: Commissioners:
Planning Commission Resolution No. 4673 Page 3 of 4
PLN2019-58 – Variance
911 S. McGlincy Ln.
APPROVED:
Adam Buchbinder, Chair
ATTEST:
Rob Eastwood, Secretary
Resol 4673- 911 S. McGlincy Ln. (Variance)
Final Audit Report 2023-04-14
Created:2023-04-12
By:Selina Perez Aquino (selinap@campbellca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAACQqYjoa5S8CCwhBVBYe1zPOhn9UH-Wqg
"Resol 4673- 911 S. McGlincy Ln. (Variance)" History
Document created by Selina Perez Aquino (selinap@campbellca.gov)
2023-04-12 - 7:08:21 PM GMT
Document emailed to abuchbinder@google.com for signature
2023-04-12 - 7:09:11 PM GMT
Email viewed by abuchbinder@google.com
2023-04-14 - 4:11:43 PM GMT
Signer abuchbinder@google.com entered name at signing as Adam Buchbinder
2023-04-14 - 4:12:15 PM GMT
Document e-signed by Adam Buchbinder (abuchbinder@google.com)
Signature Date: 2023-04-14 - 4:12:17 PM GMT - Time Source: server
Document emailed to Rob Eastwood (robe@campbellca.gov) for signature
2023-04-14 - 4:12:18 PM GMT
Email viewed by Rob Eastwood (robe@campbellca.gov)
2023-04-14 - 4:47:40 PM GMT
Document e-signed by Rob Eastwood (robe@campbellca.gov)
Signature Date: 2023-04-14 - 4:47:53 PM GMT - Time Source: server
Agreement completed.
2023-04-14 - 4:47:53 PM GMT
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