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RESOLUTION NO. 2905
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY
COUNCIL APPROVAL OF TENTATIVE TRACT MAP N0.
13038.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. That Tentative Tract Map No. 13038 was
submitted to the Planning Commission by Irvine
Pacific for consideration.
B. That a public hearing was duly called, noticed
and held for said map on April 22, 1991.
C. That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
certified in conformance with the requirements
of the California Environmental Quality Act
for the subject project area.
D. That the proposed subdivision is in
conformance with the Tustin Area General Plan,
adopted East Tustin Specific Plan, Development
Agreement and Subdivision Map Act as it
pertains to the development of single family
dwellings.
E. The 1.6632 acres of parkland required for this
development was previously dedicated with
recordation of Tract 12763.
F . That the City has reviewed the status of the
School Facilities Agreement between the Irvine
Company and the Tustin Unified School
District, the East Tustin Specific Plan, EIR
85-2 with subsequently adopted supplements and
addenda, the impacts of Tentative Tract 13038
on School District facilities, and reviewed
changes in State law, and finds and determines
that the impacts on School District facilities
by approval of this map are adequately
addressed.
G. That the site is physically suitable for the
type of development proposed.
H. That the site is physically suitable for the
proposed density of development.
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Resolution No. 2905
Page 2
I. That the design of the subdivision or the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife in their habitat.
J. That the design of the subdivision or the type of
improvements proposed will not conflict with
easements acquired by the public-at-large, for
access through or use of the property within the
proposed subdivision.
K. That the design of the subdivision or the types of
improvements proposed are not likely to cause
serious public health problems.
II. The Planning Commission hereby recommends to the City
Counc i 1 approva 1 of Tentative Tract Map No . 13 0 3 8 subject
to the following conditions:
A. The following verbiage shall be added to Condition
8.10 of Planning Commission Resolution No. 2431
accepting the following program:
"Affordability at levels prescribed
in the EIR 85-2 and the resulting
Tustin Ranch Affordable Housing Plan
(100 "Low" (50-80% of Median) units
and 500 "Moderate" (80-120% of
Median) units) would expire f or
rental units at expiration of the
initial 10 year period of the
current bond financing arrangements
unless additional subsidized
financing is obtained.
"If the projects are converted to
condominiums within 5 years after
expiration of the initial l0 year period
of the current bond financing
arrangements, those units designated as
"affordable" would be sold at prices
within the income limits noted above.
After this 5 year period has elapsed, all
affordability requirements on a for-sale
basis would cease, terminating any and
all affordable requirements for the East
Tustin Specific Plan.".
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Resolution No. 2905
Page 3
B. All remaining Conditions of Approval attached as
Exhibit A to Resolution No. 2431 remain in full
force and effect .
C. Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty-five dollars) pursuant to AB 3185, Chapter
1706, Statutes of 1990, enable the City to file
the Notice of Determination required under Public
Resources Code Section 21152 and 14 Cal. Code of
Regulations 15094. If within such forty-eight (48)
hour period that the applicant has not delivered to
the Community Development Department the above-
noted check, the approval for the project granted
herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with
the Notice of Determination and require payment of
fees, the applicant shall deliver to the Community
Development Department, within forth-eight (48)
hours of notification, a cashier's check payable to
the COUNTY CLERK in the amount of $850 (eight
hundred-fifty dollars) pursuant to AB 3158, Chapter i
1706, Statues of 1990. If this fee is imposed, the
subject project shall not be operative, vested or I,
final unless and until the fee is paid.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning ;
Commission, held on the 22nd day of April, 1991.
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Chairman
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KATHLEEN CLANCY
Secretary
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Resolution No. 2905
Page 4
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. 2905 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 22nd day of April, 1991.
/7
KATHLEEN CLANCY
Recording Secretary