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Res P-99-85RESOLUTION NO. P-99-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA WAIVING THE REQUIREMENT TO UNDERGROUND UTILITIES UW 99-01 ASSESSOR'S PARCEL NUMBER 278-170-16 WHEREAS, Underground Waiver UW 99-01, submitted by Raymond Sims, Applicant, requests Council to waive the requirement to underground 662 linear feet of overhead utility lines and poles along the north length of the property located on the north side of Lake Poway Road and north of Lakeview Road, the RR-C zone; and WHEREAS, the undergrounding o1: d lead to the destruction of mature vegetation which helps to shield and provide privacy to adjoining properties to the north; and WHEREAS, the likelihood that an undergrounding district will be formed which will affect th -I lines in the future; and a deed covenant is required which precludes opposition to a future undergrounding district should one be formed and agrees to pay a pro rata share toward the undergounding costs; and WHEREAS, on December 14, 1999, the City Council held a hearing to solicit from the public, both pro and con, relative to this application. NOW, THEREFORE, the City Council does hereby follows: S The project is found to be Categorically Exempt, Class 1, under the provisions of the California E Iai Quality Act in that it is an existing facility. City Council Resolution No. 91-003 sets forth the criteria by which an underground waiver may be granted. The criteria includes a provision for a waiver where overhead d substantially red imf . -I with new utility service. The removal and undergrounding of the existing lines would cause substantial damage in the form of rock blasting and removal of large mature trees and shrubs. ;ion: The City Council hereby approves Underground Waiver 99-01. __ Resolution No. P- 99 - 85 Page 2 APPROVED AND ADOPTED by the City Council of the City of Poway, State of California, this 14th day of December 1999. ATTEST: nne Peoples, C~ty Cie k Michael ~ STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO ) I, Lod Anne Peoples, City Clerk of the City of Poway, do hereby certify under penalty of perjury, that the foregoing Resolution, No. P- 99 - 85 , was duly adopted by the City Council at a meeting of said City Council held on the 14th day of December 1999, and that it was so adopted by the following vote: AYES: GOLDBY, NOES: NONE ABSTAIN: NONE ABSENT: HIGGINSON EMERY, REXFORD, CAFAGNA City of Poway