HomeMy WebLinkAboutPC RES 4102RESOLUTION NO. 4102
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~ A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, DENYING A PROPOSAL TO
WAIVE THE REQUIREMENT OF TCC 8402(a) AND
MODIFY CONDITION 3.14(a) OF DESIGN REVIEW 08-001
AND, PERTAINING TO THE UNDERGROUND
PLACEMENT OF UTILITY SERVICE AT 1022 EAST FIRST
STREET.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. A proper application was filed by Mr. Mark Raber, representative from
Tarlos and Associates, for a request to waive Tustin City Code 8402(a)
and Condition 3.14(a) of Design Review 08-001, which requires that all
utility lines be placed underground in association with the new
construction of a 1,811 square foot restaurant at 1022 East First Street.
B. The project site is located within the Community Commercial General Plan
land use designation, Retail Commercial (C-1) zoning district, and the Town
Center Redevelopment Project Area.
C. The Community Commercial General Plan land use designation and the
Retail Commercial zoning designation allow for a variety of retail and
service commercial and professional office land uses.
D. Design Review 08-001 was approved on June 11, 2008, for the demolition
of an existing restaurant and new construction of a 1,811 square foot
restaurant (Kentucky Fried Chicken) subject to the conditions of approval
including Condition 3.14(a), which requires that all utility lines must be
placed underground.
E. Section 8402 of the Tustin City Code requires that whenever any property
is developed with new structures, all electrical, telephone, community
antenna, television and similar service wires or cables which provide direct
service to the property being developed, shall, within the exterior boundary
lines of such property, be installed underground.
F. Pursuant to Section 8402(d), the Planning Commission may waive,
modify, or delay the application of any undergrounding requirement upon
written request by a building site owner.
G. A meeting to consider the waiver request was duly called and held on
October 28, 2008, by the Planning Commission.
Resolution No. 4102
Page 2
H. That a decision to deny the request to waive the requirement for
underground utilities can be supported by the following findings:
1. Section 8402(a) of the City's Electrical Code requires that all utilities be
placed underground. Waiver of this requirement would be inconsistent
with the intent of Section 8402 that undergrounding of aboveground
utilities enhances the visual appearance of the neighborhood.
2. Section 8402(a) requires that all developers proposing new
construction or commercial additions in excess of 200 square feet of
floor area underground all utilities. The applicant is subject to the
requirements of this code section because the project involves the
construction of a new 1,811 square foot restaurant.
3. Other developers/property owners which are subject to this
requirement are required to underground all the utilities on-site,
including the neighboring Chipotle restaurant.
4. Since undergrounding is only required to occur when a new building is
constructed, waiving the requirement for underground utilities would
allow the existing utility line and infrastructure to remain for the life of the
new KFC building, resulting in long-term visual impacts to the
neighborhood.
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5. A waiver if granted may establish a precedent for future development
projects that would be inconsistent with the requirements of the City's
Electrical Code Section 8402(a) and impair the aesthetic quality of
current and future development projects.
6. The letter of justification provided by the applicant stating the
challenges associated with the need to underground the utility pole
should not be considered as a hardship. Every site provides unique
challenges and several options are available as presented by SCE to
the applicant.
7. A utility easement exists on the property and adjacent property to allow
the undergrounding of all electrical service.
8. The applicant has not provided evidence that the required
undergrounding of all utilities constitutes a hardship. No cost
information has been provided that would indicate the undergrounding
of utilities is infeasible.
California Environmental Quality Act (CEQA) does not apply to projects
which a public agency rejects or disapproves pursuant to Section 15270 of
Title 14, Chapter 3 of the California Code of Regulations (Guidelines for
the California Environmental Quality Act).
Resolution No. 4102
Page 3
The Planning Commission hereby denies a request to waive the requirements of
Section 8402(x) and modify Condition 3.14(x) of Design Review 08-001, the
requirement for undergrounding utilities at 1022 East First Street.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 28th day of October, 2008.
df _____.
CHARLES E. PUCKETT
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4102 was
duly passed and adopted at a regular meeting of the Tustin Planning Commission, held
on the 28th day of October, 2008.
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ELIZABETH A. BINSACK ``~
Planning Commission Secretary