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PC R 07-2029RESOLUTION NO. 07-2029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND MUNICIPAL CODE SECTION 16.68.050 (DEVELOPMENT CODE AMENDMENT 07-001) REGARDING UNDERGROUND UTILITIES WHEREAS, the City of Arroyo Grande ("City") requires the undergrounding of utilities as a condition of certain discretionary land use approvals, pursuant to Municipal Code Section 16.68.050; and WHEREAS, the entire community benefits from the enhanced safety, improved appearance and reliability of utility services which results from the orderly undergrounding of existing utilities and; WHEREAS, the City desires to provide for consistent formatting of the Municipal Code, provide clarification of the existing Code section, and to specify situations when utilities are required to be placed underground, when in-lieu fees can be accepted and when projects are exempt from both requirements, and; WHEREAS, the proposed changes to Municipal Code Section will better enable the City to concentrate utility undergrounding efforts in areas determined to be in the most critical need of utility undergrounding and in previously established underground utility districts and; WHEREAS, the City Planning Commission held a public hearing on April 3, 2007 to consider staff recommended changes to Municipal Code Section 16.68.50 and; WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission has determined that the following Development Code Amendment findings can be made in an affirmative manner: A. The proposed revision to the Municipal Code is consistent with the goals, objectives, policies and programs of the general plan especially ED4-1.2 (ensure comprehensive design guidelines pertaining to both public and private improvements), ED-6, (promote affordable housing) and CT4-2 (utilize the circulation system as a positive element of community design), and is necessary and desirable to implement to provisions of the general plan. B. The proposed revision to the Municipal Code will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern since the proposed changes allows the city to better utilize in-lieu funds for placing utilities underground. C. The proposed revision to the Municipal Code is consistent with the purpose and intent of the undergrounding section. RESOLUTION NO. 07-2029 PAGE 2 D. The potential environmental impacts associated with the proposed revision to the Municipal Code are insignificant since they aid in the City's ability to underground utilities in an efficient manner. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council amend Municipal Code Section 16.68.050 regarding underground utilities On motion by Commissioner Barneich, seconded by Commissioner Marshall, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Commissioners Barneich, Marshall and Keen None Chair Ray and Commissioner Tait the foregoing Resolution was adopted this 3` day of April 2007. ATTEST: i-� — i � L N REARDON-SMITH J N KEEN, � CHAIR SECRETARY TO THE COMMISSION RO� STRONG, COMMl1NITY DEVELO ENT DIRECTOR