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HomeMy WebLinkAboutPC RES 1509b 1 RESOLUTION N0. 1509 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN PETITIONING THE ORANGE COUNTY FLOOD CONTROL 3 DISTRICT TO INCOP.PORATE A COVERED.FLOOD CONTROL CHANNEL INTO THE ADJOINING DEVELOPMENT 4 . WHEREAS, Tentative Tract No. 9345 has been submitted to the 5 Planning Cor,uni.ssion b£ the City bf.Tustin for approval, effective upon annexation of the .subject parcel to the City of Tustin, and 6 WHEREAS, the `proposed twenty two (22) lot R-1 Single Family 7Subdivision bounds on the easterly perimeter the Orange County Flood Control chanhel consisting of .a 25.' wide covered channel 8 extending north from 17th Street approximately 631 feet as shown on District Right-of-way Map F12-3, noted as Parcels 305 and 308,an~ 9 WHEREAS, there is no known public use for the surface right: 10 of subject channel for recreational, access, or other anticipated public uses, and . 11 WHEREAS, the vacation of surface rights of said channel 1? ould not be contrary to the Tustin Area General Plan, and 13 64HEREAS, a walled channel could create a public nuisance, creating the necessity for police patrol, maintenance, and the 14 ublic's liability for the maintenance of surface rights. 15 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission f the City of Tustin does hereby petition the Orange County Flood lu Control District thru the office of the Director of the Environ- ental Management Agency to abandon the surface rights of the 17 subject channel to the adjoining residential lots for incorporation as side yard open space, subject to such terms and conditions 18 eemed necessary to protect the continuing interest of the Flood Control District in the maintenance of the encased water channel. 19 PASSED AND ADOPTED at a regular meeting of the Planning 20 ommission, held on the 10th day of M 1976. 21 ~ f 22 ~ L ` CHA R1`~IAN OF THE PLANNING CO MISSION 23 25 26 27 28 29 30 31 32 0 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, MARY ANN CHAMBERLAIN, the undersigned, hereby certifies that she is the Recording Secretary of the Planning Commission of the City of Tustin, California; that the foregoing Resolution was duly passed and adopted at a regular meeting o~ the Planning Commission, held on the ~ d ~h day of ,, 197