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HomeMy WebLinkAboutPC RES 32371 RESOLUTION NO. 3237 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, MODIFYING EXHIBIT A - 3 CONDITION NO. 3.4 OF LETTER OF APPROVAL FOR DESIGN REVIEW 93-017 DEFERRING THE REQUIREMENT OF 4 UNDERGROUNDING ALL EXISTING OVERHEAD UTILITIES ON THE SUBJECT SITE LOCATED AT 705 WEST MAIN STREET 5 AND 350 MYRTLE AVENUE, TUSTIN. 6 The Planning Commission~of the City of Tustin does hereby resolve as follows: 7 I. The Planning Commission finds and determines as follows: 8 A. That a proper application Design Review 93-017 and 9 Certificate of Appropriateness was filed by Mr. Warren Pitt on behalf of Mr. and Mrs. Greg Jenkins 10 to convert an existing duplex into a single family dwell and to allow the associated remodeling of the 11 structure located at 705 West Main Street and 350 Myrtle Avenue, Tustin. The project was approved by 12 the City of Tustin Community Development Department on August 4, 1993. 13 B. A proper application has been filed on behalf of 14 Mr. and Mrs. Greg Jenkins requesting the modification of Exhibit A - Condition No. 3.4 of 15 Letter of Approval of Design Review 93-017 deferring the requirement of undergrounding all 16 existing overhead utilities on the subject property, pursuant to City Code Section 8402, until 17 such time that the utilities can be undergrounded as part of an Underground Utility District for Main 18 Street or any future Underground Utility District that may include the subject property. 19 C. An extension of time is needed as a result of 20 difficulties in obtaining financing for the project. 21 II. The Planning Commission hereby approves the deferral of 22 the requirement for undergrounding all existing overhead utilities on the subject property, pursuant to City Code 23 Section 8402, until such time that the utilities can be undergrounded as part of an Underground Utility District 24 for Main Street or any future Underground Utility District that may include the subject property by 25 modifying Condition No. 3.4 of a letter dated August 4, 1993 approving Design Review 93-017 to read as follows: 26 "* 3.4 The property owner shall record a Letter of 27 Agreement on the subject property which states that the property owner shall not protest the 28 formation of any future Underground Utility Resolution No. 3237 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' 23 24 25 26 27 28 District pursuant to City of Tustin Code Section 7502d in this vicinity. In the event that the subject property could not be included within a Utility Underground District in this vicinity, the existing overhead utilities serving the subject property shall be undergrounded pursuant to City Code Section 8402a." PASSED AND ADOPTED at a regular Planning Commission meeting on the 14th day of February, 1994. // ~~~~ W~ THY W L Chairperson KATHLEEN CLA Y Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3237 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of February, 1994. KATHLEEN CLANC Recording Secretary JSL:br