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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.
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Resolution No. 2385
page two
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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 ~~