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PC R 94-1474RCSOLUTION NO. 94-1474 A RCSOLUTION OF TIIE PLANNING COMMISSION OF TIIE CITY OF ARROYO GRAND� DCTCRMINING TIIAT AN �XCEPTION TO TIIE REQUIR�MCNT FOR UNDER- GROUNDING UTILITIES IIAS OCCURRED - 139, 141, 143, AND 145 TALLY 1IO ROAD . WII�REAS, the Development Code was adopted by the City Council on May 14 1991 and became effective on June 13, 1991; and WHERCAS, Section 9-02.150 of the Development Code allows any affected person to appeal a decision of tl�e Planning Director to ti�e Planning Commission; and `'VIIERCAS, on July 24, 1990 d�e City Council of the City of Arroyv Grande approved Tentative Tract 983 subject to 35 conditions of approval; and WIIrRCAS, condition of approval number 29 stated lhat: "The applicant shall underground all new and existing utilities (PG&F, caUle T.V. and telephone)"; and WIIEREAS, the developer of said Tentative Tract 983 wishes to gain final tract map approval without having to adhere to lhe requirements of condition of approval number 29; and W�ICREAS, tl�e developer has submitted an exception request to tl�e Planning Director purstiant to Development Code Section 9-15.050 (C); and WIIrRCAS, the developer has appealed this determination; and WIICRCAS, the Planning Commission, atter due study, deliberation and public hearing finds that: 1. Pursuant to Development Code Section 9-15.050 (C), the Planning Director and the City Fngirieer may delete or modify Planning Commission adopted conclitions of approval pertaini�ig to undergroundi��g utilities. 2. According to information provided by the appellant. at the Planning Commission hearing, an exception to the requirement for undergrounding utilities has already been granted. That information includes but is not limited to, the high cost of approximately $63,000; tl�e requirement to obtain offsite right-of-way; and the need to replace two existing poles with two or possibly t.hree new poles. Resolution No. 94-1474 Appeal - 139, 141, 143, and 145 Tally IIo Road June 7, 1994 Page Two NOW, TIIERCCORC, BC IT RCSOLVED that the Planning Commission of the City of Arroyo Grande hereby upholds the appeal of the Planning Director's decision and provides the determination that an exception to the requirement for undergrounding utilities has been granted pursuant to City Codes. On motion of Commissioner Carr, seconded by Commissioner Reilly, and by the following roll ca(I vote, to wit: AYES: Commissioners Tappan, Reilly, Keen and Chairman Carr NOES: None ABSENT: Commissioners Soto, Deviny and Hatchett the foregoing Resolution was passed and adopted this 7lh day of June, 1994. ATTEST: Nancy Brown, mmission Clerk . . �� Robert W. Carr, Chairman � � i �J � � J