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R 3738 RESOLUTION NO. 3738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING THE APPEAL AND UPHOLDING THE ACTION OF THE PLANNING COMMISSION TO REQUIRE CERTAIN OVERHEAD UTILITIES BE PLACED UNDERGROUND FOR TRACT MAP 2275, LOCATED AT 801 HUASNA ROAD, APPLIED FOR BY JAMES DOTSON WHEREAS, after due study, the Planning Commission conditionally approved Tentative Tract Map 2275 which included Condition No. 43 requiring the undergrounding of all utilities; and WHEREAS, on February 3, 2004 the Planning' Commission of the City of Arroyo Grande unanimously denied a request filed by James Dotson for modification of Condition No. 43 of Tract Map No. 2275; and WHEREAS, James Dotson filed a timely appeal of the Planning Commission's action; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the, following circumstances exist: FINDINGS: 1. The overhead public utilities required to be placed underground pursuant to Condition No. 43 of Tract 2275 are subject to the following provisions of Section 16.68.050 of the Development Code because the overhead utilities: a. Provide direct service to the property being developed. b. Are existing between the property line and the centerline of the peripheral streets of the property being developed; and c. Are located along or within six feet of the rear of side lot lines of the property to be developed. 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 based on the above findings. On a' motion by Dickens, seconded by Costello, and by the following roll call vote to wit: AYES: Council Members Dickens, Costello, and Mayor Ferrara NOES: Council Members Runels and Lubin ABSENT: None the foregoing Resolution was adopted this 9th day of March, 2004. ~-- -~-- RESOLUTION NO. 3738 PAGE 2 ATTEST: E, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK I APPROVED AS TO CONTENT: ~~- ST EN ADAMS, CITY MANAGER APPROVED AS TO FORM: -_.__.._.__._.~----- --,,--- RESOLUTION NO. 3738 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 pe~ury, that Resolution No. 3738 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 9th day of March, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 th day of March, 2004. ~ Miiur/lL-- KELLY WETM E, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK - -- --"-...-..-..--... -..-