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RESOLIJTION NO. 2648
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13746
The Planning Commission of the City of Tustin does hereby resolve as
fo 11 ows'
I. The Planning Commission finds and determines as follows'
A. That Vesting Tentative Tract Map No. 13746 was submitted to the
Planning Commission by Akins Development Company, for
consideration.
B. That a public hearing was duly called, noticed and held for said
map on August 14, 1989.
C. That an Environmental Impact Report (EIR 85-2 for the East
Tustin Specific Plan) has been certified in conformance with the
requirements of California Environmental Quality Act for the
subject project area.
De
That the proposed subdivision is in conformance with the Tustin
Area General P1 an, adopted East Tusti n Speci fi c P1 an,
Development Agreement and Subdivision Map Act as it pertains to
the development of single family dwellings.
E. The 2.06 acre parkland requirment of this project was previously
dedicated with recordation of Tract 12870.
Fe
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
Vesting Tentative Tract Map 13746 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 have been adequately addressed.
Ge
That the site is physically suitable for the type of development
proposed.
Nm
That the site is physically suitable for the proposed density of
development.
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Resolution NO. 2648
Page two
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.
Ko
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 Council
approval of Vesting Tentative Tract Map No. 13746 subject to the
conditions attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 14th day of August, 1989.
PENNI FOLEY, 7~-
Secretary
/
Leslie Anne Pontious
Chairman
EXHIBIT A
VESTING TENTATIVE TRACT MAP 13746
RESOLUTION NO. 2648
CONDITIONS OF APPROVAL
PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEI~NTS
(1) 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and
(2) construct or post security guaranteeing construction of all public and/or
(3) private, infrastructure improvements within the boundary of said tract map in
(6) conformance wi th applicable City standards, including but not limited to the
following:
A. Curb and gutter/cross gutters
B. Sidewalks including access facilities for physically handicapped persons
C. Drive aprons/approach
D. Street paving
E. Street signing and paving
F. Landscaping/irrigation facilities
G. Sanitary sewer service facilities
H. Domestic water service facilities
I. Reclaimed water service facilities
J. Utility connections (i.e., gas, electric, telephone, and cable T.V.
facilities)
K. Traffic signal systems and other traffic control devices
L. Street and paseo lighting
M. Storm drains and subdrains (* The storm drain facilities within this
tract will be private drains to be maintained)
N. Undergrounding of existing and proposed utility distribution lines
O. Lot monumentati on
P. Fi re hydrants
Q. Bus turnouts and other facilities such as bus benches in accordance with
Orange County Transit Turnout Design Guidelines, subject to approval of
City Engineer as to need and location. Approval from the Department of
Community Development shall also be required on the actual architectural
design on any installed bus stop improvement. A transit stop shall be
included at southbound Jamboree/farside Keller Drive adjacent to this
project.
(1)
(6)
The amount of acceptable security for construction of public improvements
shall be reviewed and approved by the Public Works Department. The amount and
acceptable security for private improvements shall be reviewed and approved by
the Building Official.
(1) 1.2 All construction within a public right-of-way and/or public easement must be
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
{3) UNIFORM BUILDING CODES
(4) DESIGN REVIEW
*** EXCEPTION
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
(9) OTHER MUNICIPAL CODE REQUIREMENT
Resolution No. 2648
Exhi hi t A
Page two
(6)
shown on a separate 24" X 36" plan with all construction referenced to
applicable City, County, or Irvine Ranch Water District standard drawing
numbers.
(1) 1.3 All changes in existing curbs, gutters, sidewalks and other public
._. (6) improvements shall be responsibility of subdivider.
(1) 1.4 Preparation of plans for and construction of:
(2)
(6) A. All sanitary sewer facilities must be submitted as required by the City
Engineer and local sewering agency. These facilities shall include a
gravity flow system per standards of the Irvine Ranch Water District.
B. A domestic water system must be to the standards of the Irvine Ranch
Water District/City of Tustin Water Service, whichever is applicable at
the time of plan preparation. Improvement plans shall also be reviewed
and approved by the Orange County Fire Department for fire protection
purposes. The adequacy and reliability of water system design and the
distribution of fire hydrants will be evaluated. The water distribution
system and appurtenances shall also conform to the applicable laws and
adopted regulations enforced by the Orange County Health Department. Any
required reclaimed water systems shall be to the standards as required by
the Irvine Ranch Water District.
(1) 1.5 Proposed public streets shall be designed to the following specifications:
(5)
(6) A. All proposed streets and drives shall be designed in substantially the
same width and alignment as shown on the approved vesting tentative map
unless modified and approved by the Directors of Co,unity Development
and Public Works.
1) The primary loop roadway shall be considered a private street and
shall be at least 32 feet in width from curb to curb, and shall
include a 5 foot sidewalk, street trees, and street lights.
2) The secondary loop road shall be at least 25 feet in width from curb
to curb.
Be
All private streets and drives shall be constructed in accordance with
City requirements in terms of type and quality of materials used.
Resolution No. 2648
Exhibit A
Page three
C. Sidewalk areas shall flare around the placement of all above ground
facilities, such as signing, street lights and fire hydrants.
D. Parking shall only be permitted along on-site private streets and private
drives as identified on approved plans. Signage and red curbing shall be
installed where appropriate.
(1) 1.6 Private streets, storm drain, water & sewer improvement plans shall comply
(6) with the "City of Tustin" Minimum Design Standards for on-site Private Street
(8) and Storm Drain Improvements.
DEDICATIONS/RESERVATIONS/EASEI~NTS
(1) 2.1 The subdivider shall satisfy dedication and/or reservation requirements as
(2) applicable, including but not limited to dedication of all required street and
(5) flood control right-of-way easements, vehicular access rights, sewer easements
(6) and water easements defined and approved as to specific location by the City
(8) Engineer and other reasonable agencies.
CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY
(1) 3.1 Prior to recordation of the final map, subdivider shall post with the
(2) Community Development Department a minimum $2,500 cash deposit or letter of
(6) credit ito guarantee the sweeping of streets and clean-up of streets affected
by construction activities. In the event this deposit is depleted prior to
completion of development or City appearance of public streets, an additional
incremental deposit will be required.
!1) 3.2 Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract and/or issuance of a Certificate of
Occupancy for the development on any parcel within the subdivision.
~,1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be
obtained and applicable fees paid from the Public Works Department.
GRADING/GENERAL
1) 4.1 Prior to issuance of grading permits:
2)
6) A. A detailed soil engineering report shall be submitted to and approved by
the Building Official conforming to the requirements of the Uniform
Building Code, City Grading Requirements, and all other applicable State
and local laws, regulations and requirements.
Resolution No. 264F~
Exhibit A
Page four
Be
Preparation and submittal of a grading plan subject to approval of the
Department of Community Development delineating the following
information:
1. Methods of drainage in accordance with all applicable City
standards.
2. All recommendations submitted by geotechnical or soils engineer and
specifically approved by them.
3. Compliance with conceptual grading shown on tentative tract map.
4. A drainage plan and necessary support documents such as hydrology
calculations to comply with the following requirements:
a. Provision of drainage facilities to remove any flood hazard to
the satisfaction of the City Engineer which will allow building
pads to be safe from inundation from rain fall which may be
expected from all storms up to and including the theoretical 100
year storm and dedication of any necessary easements on the
final map as required.
b. Elimination of any sheet fl ow between lots and ponding.
c. Provision of drainage facilities to protect the lots from any
high velocity scouring action.
d. Provision for tributary drainage from adjoining properties.
5. All flood hazard areas of record.
6. A note shall be placed on the grading plan requiring Community
Development Department approval of rough grading prior to final
clearance for foundations. The Department will inspect the site for
accuracy of elevations, slope gradients, etc. and may require
certification of any grading related matter.
7. Note on plans that a qualified paleontologist/archealogist, as
appropriate shall be present at a pre-grading contractor conference
to provide inforation about what to look for during rough grading
operations that might indicate the presence of paleontological or
archealogical resources. If resources are found, work shall stop in
the affected area, the paleontologist/archeologist shall be notified
and all resources shall be excavated or preserved as deemed
appropriate or as recommended by the paleontologist/archealologist
subject to review and approval by the Department of Public Works and
Community Development. All "finds" shall be reported immediately to
the Department of Commu n i ty Development. The
paleontologist/archealogist shall attend the pregrade construction
meeting to ensure that this condition and necessary procedures in
the event of a "find" are explained.
8,
Preparation of a sedimentation and erosion control plan for all
construction work related to the subject Tract including a method of
control to prevent dust and windblown earth problems.
Resolution No. ~.648
Exhibit A
Pa ge f i ve
C. Submittal of a construction traffic routing plan to be reviewed and
approved by the Director of Public Works.
(1) 4.2 All earthwork shall be performed in accordance with the City of Tustin
(3) Municipal Codes and grading requirements.
FIRE DEPART~[NT
5.1 Prior to the recordation of a final tract map, water improvement plans shall
be submitted to and approved by the Fire Chief for adequate fire protection
and financial security posted for the installation. The adequacy and
reliability of water system design, location of valves, and the distribution
of fire hydrants will be evaluated in accordance with Insurance Services
Office suggested standards contained in the "Grading Schedule" for Municipal
Fi re Protection.
5.2 Prior to the issuance of any building permits for combustible construction,
evidence that a water supply for fire protection is available shall be be
submitted to and approved by the Fire Chief. Fire hydrants shall be in place
and operational to meet required fire-flow prior to commencing construction
with combustible materials.
5.3 Prior to the issuance of any building permits, a construction phasing plan
shall be submitted to and approved by the Fire Chief. The purpose of this
review is to evaluate the adequacy of emergency vehicle access for the number
of dwelling units served.
5.4 Prior to the issuance of any building permits, plans for an automatic fire
extinguishing system shall be approved by the Fire Chief. Such systems shall
be operational prior to the issuance of a certificate of use and occupancy.
5.5 Prior to the issuance of any certificates of use and occupancy, the private
streets shall be red curbed and posted "No Parking-Fire Lane" as per 1985
Uniform Fire Code Section 10.207 in a manner meeting the approval of the
County Fi re Chief.
o.
Resolution No. 2648
Exhibit A
Page si x
NOISE
(1) (i.1 Prior to the issuance of any building permits:
(2)
(3) A. A final acoustical analysis report describing the acoustical design
features of the structures required to satisfy the exterior and interior
noise standards shall be submitted to the Tustin Con~nunity Development
Department for approval along with satisfactory evidence which indicates
that the sound attenuation measures specified in the approved acoustical
report(s) have been incorporated into the design of the project. The
acoustical analysis shall be prepared by an expert or authority in the
field of acoustics.
All residential lots and dwellings shall be sound attenuated against
present and projected noises, which shall be the sum of all noise
impacting the project, so as not to exceed an exterior standard 65 dBa
CNEL in outdoor living areas and an int~erior standard of 45 dBa CNEL in
all habitable rooms is required. Evidence prepared under the supervision
of an acoustical consultant that these standards will be satisfied in a
manner consistent with applicable zoning regulations shall be provided.
B. Due to the project's location under the Browning Corridor, a complete
noise study shall be conducted and submitted to the City for review. In
addition to Community Noise Equivalency Levels (CNEL) said study provides
information on single event noise measurements as generated by helicopter
flyovers for information purposes only.
(1) (i.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in
(3) accordance with the Title 25 regulations shall be required by the Building
Official to verify compliance with STC and IIC design standards.
) 6.3 All construction operations including engine warm up shall be subject to the
) provisions of the City of Tustin Noise Ordinance and shall take place only
during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless
the Building Official determines that said activity will be in substantial
conformance with the Noise Ordinance and the public health and safety will not
be impaired subject to application being made at the time the permit for the
work is awarded or during progress of the work.
CCR'S
(1) 7.1 Prior to approval of the final map, all organizational documents for the
(3) project including any deed restrictions, covenants, conditions, and
(8) restrictions shall be submitted to and approved by the Community Development
(9) Department and City Attorney's Office. Costs for such review shall be borne
by the subdivider. A copy of the final documents shall be submitted to the
Community Development Department after their recordation. CCR's shall include
but not be limited to the following provisions:
Resolution No. 2648
Exhibit A
Page seven
A. Since the City is interested in protecting the public health and
safety and ensuring the quality and maintenance of common areas
under control of a Homeowner's Association, the City shall be
included as a party to the CCR's for enforcement purposes of those
CC&R provisions in which the City has interest, as reflected by the
following B through O. However, the City shall not be obligated to
enforce the CCR's.
B. The requirement that association bylaws be established.
C. Provisions for effective establishment, operation, management, use,
repair and maintenance of all common areas and facilities including
landscaped areas and lots, recreation areas, pools and spas, walls
and fences, private roadways (i.e., walks, sidewalks, trails) and
paseos.
D. Membership in any Homeowner's Association shall be inseparable from
ownership in individual lots.
E®
Architectural controls shall be provided and may include but not be
limited to provisions regulating exterior finishes, roof materials,
fences and walls, accessory structures such as patios, sunshades,
trellises, gazebos, awnings, room additions, exterior mechanical
equipment, television and' radio antenna.
F®
Maintenance standards shall be provided for applicable items listed
in Section C above in CCR's. Examples of maintenance standards are
shown below:
(1) All co~on area landscaping and private lawn areas visible from
any public way shall be properly maintained such that they are
evenly cut, evenly edged, free of bare or brown spots, free of
debris and free of weeds above the level of the lawn. All
planted areas other than lawns shall be free of weeds, dead
vegetation and debris. All trees and shrubs shall be trimmed
so they do not impede pedestrian traffic along the walkways.
Trees shall be pruned so they do not intrude into neighboring
property and shall be maintained so they do not have droppings
or create other nuisances to neighboring property. All trees
shall also be root pruned to eliminate exposed surface roots
and damage to sidewalks, driveways and structures.
(2) All private roadways, sidewalks and paseos shall be maintained
so that they are safe for users. Significant pavement cracks,
pavement distress, excessive slab settlement, abrupt vertical
variations and debris on travel ways should be removed or
repai red promptly.
~esnlution No. 2648
Exhi hit A
Pa ge eight
Common areas shall be maintained in such a manner as to avoid
the reasonable determination of a duly authorized official of
the City that a public nuisance has been created by the absence
of adequate maintenance such as to be detrimental to public
health, safety, or general welfare, or that such a condition of
deterioration or disrepair cause harm or is materially
detrimental to property values or improvements within the
boundaries of the subdivision and Homeowner's Association, to
surrounding property, or to property or improvements within
three hundred (300) feet of the property may also be added as
alternative 1 anguage.
Ge
Homeowner's Association approval of exterior improvements requiring
a building permit shall be obtained prior to requesting a building
permit from the City of Tustin Community Development Department.
All plans for exterior improvements shall conform to requirements
set forth by the City and the CCR's.
H. Residents shall not store or park any non-motorized vehicles,
trailers or motorized vehicles that exceed 7 feet high, 7 feet wide
and 19 feet long in any parking, driveway or private street area
except for purpose of loading, unloading, making deliveries or
emergency repairs except that the Homeowner's Association may adopt
rules and regulations to authorize exceptions.
I ·
Parking spaces shall be permanently and irrevocably assigned to
individual condominium units at rates of one space per studio unit ,
1.5 spaces per one bedroom unit, and two spaces per two bedroom
unit. An additional 79 guest parking spaces shall be established
and maintained within the common area and shall be marked and used
for guest parking only.
J. The occupants of the studio units (Plan A) shall be restricted to a
maximum of one vehicle per unit within the project.
K. Condominium units shall not have separate external television and
radio antennas. Either a central antennae shall be provided with
connections to each unit via underground or internal wall wiring, or
each unit shall be prewired and served by an underground cable
antenna service provided by a company licensed to provide such
service within the city.
L. All utility services serving the site shall be installed and
maintained underground.
.o
Resolution No. 264F~
Exhi hit A
Page nine
M. The Association shall be required to file the names, addresses, and
telephone numbers of at least one member of the Association Board
and where applicable, a Manager of the project before January 1st of
each year with the City of Tustin Community Development Department
for the purpose of contacting the association in the case of
emergency or in those cases where the City has an interest in CC & R
violations.
Ne
Disclosure information shall be provided related to aircraft noise
impacting the subdivision, as approved by the City of Tustin
Community Development Department.
O. Perimeter project block walls to be constructed on private
property shall be maintained and replaced, if necessary by a
Homeowner's Association. This shall not preclude a Homeowner's
Association from assessing charges to individual property owners for
structural damage to the wall or fence.
P®
No amendment to alter, modify, terminate or change the Homeowner's
Association's obligation to maintain the common areas and the
project perimeter wall or other CC&R provisions in which the City
has an interest, as noted above, or to alter, modify, terminate or
change the City's right to enforce maintenance of the common areas
and maintenance of the project perimeter wall, shall be effective
without the prior written approval of the City of Tustin Community
Development Department.
TENANT/HOMEBUYER NOTIFICATION
(1) 8.1 Prior to issuance of Certificate of Occupancy:
(2)
A. A document separate from the deed shall be recorded which will be an
information notice to future tenants/homebuyers of aircraft noise
impacting the subdivision. The notice shall further indicate that
additional building upgrades may be necessary for noise attenuation.
This determination to be made as architectural drawings become available
and/or where field testing determines inadequate noise insulation.
B. The Subdivider shall submit for review and approval of content by the
Director of Community Development, a copy of rental/sales literature for
the residential project with the approved aircraft/helicopter noise
statement and the approved schools notification statement, printed on
it. Any changes to the rental/sales literature after initial City
approval shall be submitted to the Director of Community Development for
approval.
C. The subdivider shall submit for review and approval by the Director of
Community Development, a copy of the "Notice to Prospective Tenants of
Intent to Convert to Condominiums" that shall be provided to all
prospective tenants prior to acceptance of any rent or deposit, in order
to comply with Section 66452.51 of the Subdivision Map Act.
Resolution No. 264F~
Exhi hit A
Paqe ten
D. The Subdivider shall provide the City with a copy of the approved
aircraft/helicopter noise statement which shall contain a disclosure
document on aircraft notification. Said document must be signed by each
tenant/homeowner prior to occupancy of any unit. The content of the
statement shall be approved by the Director of Community Development
prior to circulation.
E. The developer shall provide the City with a schools notification
statement which shall be reviewed and approved by the Director of
Community Development and participation by the governing school district
which shall indicate:
(1) The location of existing and proposed elementary, middle and high
schools which will serve the subdivision (text and map).
(2) Advice to homebuyers that proposed school sites may never be
constructed.
F. The Subdivider shall provide the City with a statement which must be
si §ned by each tenant/homebuyer which shall contain a comprehensive
description of all private and public improvements and developments
adjacent or in close proximity to the proposed development.
(1) 8.2 Subdivider shall notify all potential homebuyers of the following
(6) Assessment/Maintenance Districts affecting the property:
A. Assessment District 86-2
B. City of Tustin 1982 Landscaping and Lighting District as amended.
FEES
(1) 9.1 Prior to recordation of any final map, Subdivider shall pay plan check and
(3) inspection fees for all public and/or private infrastructure improvements
(6) within City's responsibility excluding those financed by an Assessment
(9) District.
(1) 9.2 Prior to issuance of certificates of use or occupancy, the Subdivider shall
(6) pay all costs related to the calculation of the revised parcel assessments,
the preparation of the revised assessment diagram and other required
administrative duties related to any Assessment Districts applicable to the
subdivision.
Resolution No. 2648
Exhibit A
Pa ge el even
(1) 9.3 Prior to issuance of any building permits, payment shall be made of all
(3) required fees including:
(6)
(9) A. Major thoroughfare and bridge fees to Tustin Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District.
C. Grading plan checks and permit fees to the Community Development
Department.
D. All applicable Building plan check and permit fees to the Community
Development Department.
E. New development fees to the Community Development Department.
F. School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the Irvine
Company.
G. East Tustin Facility Fees as follows or as may be adjusted to reflect
cost of living increases prior to issuance of building permits:
1.) Civic Center Expansion Fee of $37,065.
2.) Irvine Boulevard Widening Fee of $3,837.
3.) Fire Protection Agency Fee of $25,200.
GENERAL
(1) 10.1 Within 24 months from tentative map approval, the Subdivider shall file with
appropriate agencies, a final map prepared in accordance with subdivision
requirements of the Tustin Municipal Code, the State Subdivision Map Act, and
applicable conditions contained herein unless an extension is granted pursuant
to Section 9335.08 of the Tustin Municipal Code.
(1) 10.2 Prior to occupancy of any units as condominiums, the Subdivider shall record a
final map in conformance with appropriate tentative map.
(1) 10.3 Prior to final map approval.
A. Subdivider shall submit a current title report.
Be
Provision for landscaping maintenance and ownership of landscape lot
along Robinson Drive and Keller Drive shall be the responsibility of the
adjoining property owners and/or Homeowner's Association of Tract 13746.
(1) 10.4 Prior to actual conversion of rental units to condominium units for sale, the
subdivider shall complete construction and obtain final building permit
approval for 120 additional covered parking space structures required by the
East Tustin Specific Plan ( two covered parking spaces per each two bedroom
unit compared to one covered space per two bedroom unit for apartments.) An
estimated schedule for construction of said structures shall be submitted for
review by the Con~nunity Development Department prior to final map approval.
Resolution No. 2648
Exhibit A
Page twelve
Ce
Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch
by 11 inch transparency of each map sheet prior to final map approval and
"as built" grading, landscape and improvement plans prior to certificate
of acceptance.
(1) 10.4 Subdivider shall conform to all applicable requirements of the State
/9) Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin
) Specifc Plan and Development Agreement, EIR 85-2, and applicable conditions
) for Final Map 12870.
(1) 10.5 The cumulative number of residential units for which certificates of occupancy
(5) may be issued shall not exceed the cumulative total or square feet of occupied
revenue generating uses or equivalents as shown in the East Tustin Specific
Plan Development Agreement.
10.6 The Browning Corridor Aviation Easement and G.C.A. Easement as outlined in the
Memorandum of Understanding dated July, 1985 between the United States Marine
Corps, the City of Irvine and the City of Tustin, shall be indicated on Tract
13746.
10.? Prior to release of building permits all conditions of approval of Design
Review 88-44 or the subject project shall be complied with as shown on Exhibit
A attached to Resolution 2647 and incorporated herein by reference.
10.8 Reciprocal access (vehicular, parking and pedestrian) easements between all
lots created by Vesting Tentative Tract 13746 shall be noted on any final map.
EH:pef
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the.P,l.ap~ing Commission of the City of Tustin, California; that
Resolution No- ~./F~- was duly passed and ,adopted at a regular meeting of
the Tusttn Planning Commission, held on the ~/Tyc day of /~y-~ ,