HomeMy WebLinkAboutPC RES 24231
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RESOLUTION NO. 2423
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA AUTHORIZING A TEMPORARY WAIVER
OF THE UNDERGROUND UTILITY REQUIREMENTS (T.C.C. SECTION
8402) AT 12392 NEWPORT AVENUE, UNIT 5.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. Section 8402 of the Tustin City Code requires undergrounding of
electrical service whenever there is a change in occupancy, or
installation of new electrical service at a commercial building.
B. The applicants, Mr. Lester and Mr. Fisher have requested a
waiver of the requirements of Section 8402 pursuant to Sections
8042 (d) and (e).
C. Practical diffficulties and an unnecessary hardship exist at
12393 Newport Avenue, Unit 5, as evidenced by the following
findings'
1. Underground utilities have not been established for
nineteen (19) other units which use the same utility pole
as 12392 Newport Avenue, Unit 5.
2. Undergrounding of utilities at this site would not result
in removing the existing utility pole in that nineteen (19)
other other shops on the same property will continue to use
this type of service.
3. The applicants have agreed to sign and record on the deed
to the property located at 12392 Newport Avenue, Unit 5, a
Declaration of Covenants and Restrictions as deemed
appropriate by the City Attorney and as proposed in Section
8402 (e) of the Tustin City Code.
D. This project is categorically exempt, Class 1, from the
requirements of the California Environmental Quality Act.
II. The Planning Commission hereby authorizes a temporary waiver of
underground utility requirements, pursuant to Section 8402 with the
following conditions-
A. The waiver of underground utilities is temporary only, the
electrical service shall be undergrounded when the utility pole
is removed.
B. The undergrounding of utilities will be at the expense of the
.property owner and his/her successors should the property be
sold.
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Resolution NO. 2423
page two
C. A Declaration of Covenants and Restrictions shall be recorded
with the deed to the property and shall apply to.the current
property owner and his successors if the property is sold.
D.
If an underground utility district is formed, the applicant
agrees to support this district formation.
PASSED AND ADOPTED at a regula~r,,meeting of the Tusti, n Planning Commission,
held on the 10th day of august, 1987.
Chairman
10
121i P~'NN 1' FOL~Y,
I Recording Secretary
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,
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, PENNI FOLEY, the undersigned, hereby certify that ! am the Recording
Secretary of the~P~l~)I)nj.ng Commission of the City of Tustin, California; that
Resolution No-~,~~ was duly passed a~,_ll~dopted at ~qregular meeting of
the Tustin Plann-'ing Co~-mtsston, held on the ~)m-day of~ ,
19~ .
Recordi LgE~ecretary U