CC Resolution 10749
RESOLUTION NO. 10749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
DENYING AN UNDERGROUND UTILITY WAIVER AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO EXECUTE A DEVELOPMENT AGREEMENT -
2135 S. WINCHESTER BLVD.
WHEREAS, on November 21, 2006 the City Council approved Resolution 10709
conditionally approving a Planned Development Permit to allow the construction of a
new 5,488 square foot, one-story commercial building on property known as 2135 S.
Winchester Blvd.; and
WHEREAS, the City Council finds as follows:
1. The proposed development is required to underground all overhead utility
lines along the project's public street frontage per Municipal Code Section
21.18.140;
2. The nearest above-ground utility service is located on the project's
Winchester Blvd. frontage;
3. There are no steep grades or other unusual topographical features;
4. There is no evidence of any unusual soil conditions;
5. There are existing overhead utilities along the project's public street frontage;
6. Undergrounding overhead utility lines would necessitate the installation of
additional poles, therefore the City is willing to enter into an agreement with
the applicant that would require the applicant's participation in a future
underground utility program, should the City adopt a program within the next
seven (7) years, and shall cap the applicants expense for undergrounding the
existing utilities along the project's public street frontage at $90,000;
7. The project consists of the construction of a 5,488 square foot commercial
building;
WHEREAS, based on the foregoing findings, the City Council further finds and
concludes that there are no topographical, soil, or other environmental conditions that
make underground installation unreasonable or impractical.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
does hereby deny the underground utility waiver and authorizes the Public Works
Director to execute the Development Agreement for 2135 S. Winchester Blvd.
PASSED AND ADOPTED this 20th day of March, 2007 by the following roll call vote:
AYES: Council members:
NOES: Councilmembers:
ABSENT: Councilmembers:
AZl
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Anne Bybee, City Clerk
Kennedy, Hernandez, Low, Burr, Furtado
None
None