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
- -- --"-...-..-..--... -..-