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Planning commission grants utility variance at 413 Capitola Avenue after PG&E easement issues
Summary
The commission approved a variance allowing an overhead electrical connection at 413 Capitola Avenue after PG&E determined the underground easement on adjacent property did not meet CPUC standards and the applicant could not secure a revised easement. Staff added a condition clarifying owner obligations if the city later designates an underground-utility district.
The Capitola Planning Commission on Dec. 4 approved a variance to waive the city’s underground‑utility requirement for a nearly complete single‑family dwelling at 413 Capitola Avenue after staff and PG&E representatives found that the existing underground easement on the neighboring parcel (411 Capitola Ave) did not meet clearance and maintenance‑language standards required by PG&E and the California Public Utilities Commission.
Staff told the commission the project was built to a nearly finished state but stalled on utility connections and paved frontage because PG&E later deemed the easement insufficient. The proposed remedy is an overhead electrical drop from the span between poles to the building; the variance will allow that overhead connection in lieu of burying the electrical service.
Public works staff said they had explored alternatives, including revising easement language or adding overhead exceptions, but the applicant was unable to get the neighboring property owner to agree to an easement revision. Staff recommended approval with an added condition to reflect the city council’s authority to establish an underground‑utility district and to clarify the owner’s obligations should poles be removed in the future.
Commissioners questioned enforceability of a condition that requires undergrounding if PG&E deems it infeasible; staff noted the alternative would be a private easement dispute that could require court action. After brief deliberation and no public testimony, the commission moved, seconded and approved the variance on a unanimous roll call.
The variance allows the applicant to complete electrical service overhead under the city’s findings and the added condition referencing potential future council action on undergrounding. The commission recorded the motion and roll call vote in the minutes.
