R 3483
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RESOLUTION NO. 3483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE UPHOLDING THE ACTION OF THE PLANNING COMMISSION
, TO REQUIRE CERTAIN OVERHEAD UTILITIES BE PLACED
UNDERGROUND FOR TENTATIVE PARCEL MAP 99-003 AND PLANNED
UNIT DEVELOPMENT 99-003, ,APPLIED FOR BY BILLY D. SUTTON,
SR. FOR PROPERTY LOCATED AT 1171 ASH STREET
WHEREAS, on June 6, 2000 the Planning Commission of the City of Arroyo Grande
held a duly noticed public hearing to consider Tentative Parcel Map Case No. 99-003
and Planned Unit Development Case No. 99-003 filed by Billy D. Sutton, Sr. to
subdivide a half-acre parcel into three lots and construct two single-family residences;
and
WHEREAS, as part of its consideration of the application, the Planning Commission
reviewed and considered the information and public testimony presented at the public
hearing, the staff report and other information and documents that were part of the
public record; and
WHEREAS, after due study, the Planning Commission approved the, ,.~ntative Parcel
Map and Planned Unit Development applications with a Condition of Approval No. 56
requiring the placement of certain existing overhead public utilities underground, as
shown on the attached Exhibit uAu; and
WHEREAS, Billy D. Sutton, Sr. filed a timely appeal of the Planning Commission's
decision to require certain public utilities to be placed underground; and
WHEREAS, the City Council held a duly noticed public hearing on July 25, 2000 in
accordance with the Municipal Code; and
WHEREAS, the City Council has reviewed ~nd considered the information and public
testimony presented at the public hearing, the staff report and other information and
documents that are part of the public record; and ';
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
1. The overhead public utilities required to be placed underground as shown in
Exhibit U AU are subject to the following provisions of Section 9-15-050 of
the Development Code because the overhead utilities:
a. Provide direct service to the property being developed;
c. Are existing between the property line and the centerline of the peripheral
streets of the property being developed; and
d. Are located along or within six feet of the rear or side lot lines of the
property to be developed.
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RESOLUTION NO. 3483
PAGE 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby upholds the decision, of the Planning Commission to require certain
utilities be placed underground as shown in Exhibit "A", attached hereto and
incorporated herein by this reference.
BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande hereby
amends Condition of Approval No. 19 of Planning Commission Resolution No. 00-
1745 as follows (new language is shown highlighted):
19. The applicant shall comply with the
Community Tree Ordinance.
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On motion by Council Member Dickens, seconded by Council Member Runels, and by
the following roll call vote, to wit:
AYES: Council Members Dickens, Runels, Ferrara, and Mayor Lady
NOES: None
ABSENT: Council Member Tolley
the foregoing Resolution was adopted this 26th day of September 2000.
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RESOLUTION NO. 3483
PAGE '3
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MICHAELA. LADY, MAYO ' ~
ATTEST:
1,/JJL>L-
,A MINISTRA TIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~~~~
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
'~'LQ
TI OTHY . CARMEL, CITY ATTORNEY
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J'lace~ Underground ~ ,
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fo.H. Wires PARCEL 1 a.H. Wires
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a.H. Wires I (To Remain)
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UTILITY RELOCATION
TPM 99-003) PUD 99-003
EXHIBIT A
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RESOLUTION NO. 3483
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3483 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 26th day of September, 2000.
WITNESS my hand and the Seal of the City of Arroyo Grande' affixed this 28th
day of September, 2000.
'IL. 1t/~
ET ! ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK