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HomeMy WebLinkAboutPC RES 2385 1 3 4 5 6 8 9 11 14 15 19 21 ~3 24 ~5 ~6 RESOLUTION NO. 2385 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 333 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as fol 1 ows- 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. Rick Rengel and Mrs. Karen Rengel have requested a waiver of the requirements of Section 8402 pursuant to Sections 8042 (d) and (e). Ce Practical diffficulties and an unnecessary hardship exist at 333 E1 Camino Real as evidenced by the following findings' · Underground utilities have not been established for six (6) other buildings which use the same utility pole as 333 E1 Cami no Real. e Undergrounding of utilities at this site would not res:'it in removing the existing utility pole in that six (6) other properties 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 333 E1 Camino Real, a Dec' ~rati on of Covenants and Restri cti ons 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' Ae 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. 6 8 10 11 12 13 14 ~2 ~4 28 Resolution No. 2385 page two Ce A Declaration of Covenants and Restrictions shall b? recorded with the deed to the property and shall apply to :'~e 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 diqtrict formation. PASSED AND ADOPTE.D~at a regular~eetl'ng of the Tustin Plannin§ Commission, held on the 12th day of January, 1987 Recording Secretary CHARLES E. PUCKETT, Chairman STATE OF C~-LIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, DONNA ORR, the undersigned, hereby certify that I am the Secretary of the P1 anni nq Commission of was duly passedtand California; that Reso1 uti on No. ~~~ a regul ar eti nq of the Tusti n anm ng Commission, hel d on day of 19 ~• Recording Secretary Recording adopted atj,f the ~~