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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 rA~ Anne Bybee, City Clerk Kennedy, Hernandez, Low, Burr, Furtado None None