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HomeMy WebLinkAboutPC RES 32751 RESOLUTION NO. 3275 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 93-038, AUTHORIZING THE ESTABLISHMENT AND OPERATION OF AN AUTO SERVICE FACILITY WITHIN THE CENTRAL COMMERCIAL (C-2) DISTRICT AND APPROVING DESIGN REVIEW 93-040 FOR AN APPROXIMATELY 4,900 SQUARE FOOT AUTO SERVICE FACILITY LOCATED AT 13922 RED HILL AVENUE, TUSTIN, CA. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A· That proper applications, Conditional Use Permit 93-038 and Design Review 93-040, were filed by A1 Swearingen to authorize the establishment and operation an auto service facility pursuant to City Code Section 9233(c); and requesting approval of an approximately 4,900 square foot auto service facility located at 13922 Red Hill Avenue, Tustin, California. B· That a public hearing was duly called, noticed and held for said application on June 13, 1994 by the Planning Commission. Ce That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health~ safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood 'of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: i · The operation and installation of the proposed auto service facility use will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working within the neighborhood in that the site shall comply with the Orange County Sanitation District guidelines for discharge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3275 Page 2 · · produced on site. The site lighting will be designed to provide adequate lighting for security purposes, and as well as provide proper devices to restrict glare toward adjacent properties or the public right-of-way. The applicant proposes to install landscaping adjacent to walls and is encouraged to paint the exterior of the building with "anti-graffiti" coating to reduce the opportunity for vandalism and graffiti. The operation and installation of the proposed auto service facility use will not be injurious or detrimental to property and . improvements in the neighborhood or the general welfare of the City in that the proposed use is similar and compatible with the surrounding existing uses. The auto service use would not be expected to have any additional impacts in terms of traffic, water and sanitation requirements and utility usage than existing commercial zoned parcels surrounding the site. As conditioned, any potential adverse impacts related to noise, lighting, drainage, or waste generation will be mitigated through conditions of approval. The operation and installation of the proposed auto service use will not be detrimental to the health and safety of persons residing or working within the neighborhood nor will the proposed project be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City in that the proposed auto service building is in scale with the surrounding existing structures and is proposed to be of an appropriate architectural design. The applicant is proposing the installation of landscaped areas located at the perimeter of the site and adjacent to the auto service building to soften the impact of the proposed building's massing. The proposed landscaped areas will also 10 11 12 13 14 15 16 17 18 19 120 21 22 23 24 25 26 27 28 Resolution No. 3275 Page 3 De soften the impact of the expanses of paved areas throughout the site. · The operation and installation of the proposed auto service use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City, in that, the drive apron servicing the site has been located in such a way as to reduce impacts on the existing street traffic patterns. The on-site circulation and has been designed to reduce the potential for traffic conflicts by providing adequate drive aisle widths and maneuvering space. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size, architectural features and general appearance ofthe proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. · Size and spacing of windows, doors and other openings. ® Towers, chimneys, roof structures, flagpoles, radio and television antennae. · Landscaping, parking area design and traffic circulation. · Location, height and exterior illumination. standards of · Location and appearance of equipment located outside of an enclosed structure. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3275 Page 4 10. Physical relationship of proposed structures to existing structures in the neighborhood. 11. Appearance and design relationship of proposed structure to existing structures and possible feature structures in the neighborhood and public thoroughfares. 12. Development Guidelines and criteria as adopted by the City Council. Ee A Negative Declaration has been prepared and certified for this project in accordance with provisions of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 93-038 authorizing the establishment and operation of an auto service facility within the Central Commercial (C-2) District pursuant to City Code Section 9233(c) and approves Design Review 94-040 authorizing the construction of an approximately 4,900 square foot auto service facility located at 13922 Red Hill Avenue, subject to the conditions contained in Exhibit A, attached hereto. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3275 Page 5 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1994. Secretary Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3275 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of June, 1994. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 93-038 /%~q) DESIGN REVIEW 93-040 CONDITIONS OF APPROVAL RESOLUTION NO. 32?5 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 13, 1994 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit and Design Review approval shall become null and void unless all permits are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted by the Planning Commission if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 93-038 and Design Review 93-040 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of City's approval of the entitlement process for this project. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 2 PLAN SUBMITTAL (3) 2.1 At building plan check submittal the following shall be provided: (3) A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. (2) (3) Be Preliminary technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. (2) (3) Ce Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. (2) (3) Do A precise soils engineering report provided by a soils engineer within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. (9) (4) Zo A photometric study of the proposed lighting design indicating locations of all exterior lights and types of fixtures. Lights to be installed on buildings shall be a decorative design. No lights shall be permitted which may create any glare or have a' negative impact on adjoining properties. The location and types of lighting shall be subject to the approval of the Director of Community Development. (5) Fe Information, plans and/or specifications to ensure satisfaction of all Public Works Department requirements. (5) (1) Go Information to ensure compliance with requirements of the Orange County Fire Chief including required fireflow and installation, where required, of fire Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 3 hydrants subject to approval of the Fire Department, City of Tustin Public Works Department and East Orange County Water District. (5) H. Information to ensure compliance with the requirements of the Orange County Sanitation District No. 7. (1) Z.Z Specifications at Building Permit plan check submittal shall reflect materials call-outs on all elevations with applicable details and notes added. (1) Z.3 A note shall be provided on final plans that a six (6) foot-high chain linked fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (1) 2.4 The locations of all wells related to old underground gasoline storage tanks on the property and the soil remediation program which is in progress on the property shall be identified. (2) 2.5 An addendum to the corrective action plan for soil remediation on this site that describes and justifies all modifications to the current remediation system on-site shall be submitted to and approved by the Community Development Department and Orange County Health Care Agency (OCHCA). This report must indicate: a) the locations of monitoring and extraction wells currently at the site; b) which wells will be abandoned; and c) where replacement wells will be located after site construction is complete. Replacement well shall be specifically identified on the site plan and located to not obstruct site access, building location 'or required parking spaces. (2) 2.6 A workplan for all modifications to the remediation (5) system at the subject site must be submitted to and approved by the OCHCA, with approved copies of such workplan provided to the Community Development Department. (2) Z.7 The applicant shall provide to OCHCA a report on the findings of the most recent soil samples collected. These findings will allow OCHCA to evaluate the effectiveness of the remediation system to date, and will be used to determine what future activities will be required. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 4 (2) 2.8 The applicant should consult with the various utility companies which will provide service to the development to incorporate energy conserving systems and design features in the project. SITE AND BUILDING CONDITIONS (1) 3.1 All exterior colors to be used shall be subject to review (4) and approval of the Director of the Community Development Department. Ail exterior treatments shall be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. (1) 3.2 Ail mechanical and electrical fixtures and equipment (4) shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and shall blend with the architectural design of building. All telephone and electrical boxes shall be indicated on the building plans and shall be completely screened. Electrical transformers shall be located toward the interior of the project maintaining sufficient distance to minimize visual impacts from Red Hill Avenue and E1 Camino Real. (1) 3.3 Mechanical Equipment such as, but not limited to heater and filter units, pump units, air conditioning condensers and similar devices shall.be screened from street view. (1) 3.4 Exterior elevations of the building shall indicate any (4) fixtures or equipment to be located on the roof of the building, equipment heights and type of screening. All roof mounted equipment, vents, exhausts or other roof penetrations shall be located a minimum of 6 inches below the top of parapets. (1) 3.5 Provide drawings indicating wall materials, cap and other decorative treatments and color. Property line walls shall be consistent with main building treatments. Retaining walls shall have exterior treatments consistent with other walls. Provide wall/fence legend on site plan including retaining walls, if any. (1) 3.6 The property owners of the auto service facility shall be responsible for the daily maintenance and up-keep of the subject center, including but not limited to trash removal, painting, graffiti removal and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. All graffiti shall be Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 5 removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. The applicant is encouraged to coat and protect all wall surfaces with a graffiti resistant finish and/or material. (1) 3.7 "No Loitering" signs shall be posted on the site, with sign details and locations to be approved by the Community Development Department. (1) 3.8 Ail exposed metal flashing or trim shall be painted to match the building. (1) 3.9 A sufficient number of trash bins with surrounding enclosure shall be located on the property and maintained to avoid health issues for neighboring areas. An adequate size trash enclosure with solid metal, self- closing, self-latching gates shall be provided. Said enclosure shall be screened by a solid decorative wall and be of a minimum height of six feet. The actual location of the enclosure and types of screening and details of the enclosure shall be submitted at building plan check and are subject to approval by the Community Development Department. The location of bins, sizes and quantities shall be reviewed and accepted by Great Western Reclamation. (1) 3.~0 Ail roof access shall be p~ovided from the inside of the ( 4 ) buildings. (1) 3.~ No exterior down spouts shall be permitted. Ail roof (4) drains shall utilize interior piping, but may have exterior outlets at base of buildings. (1) 3.~Z Three (3) inch striping detail shall be shown for all parking spaces. Handicapped marking shall be provided on the designated accessible parking space. (6) 3.~3 Earth berming shall have a minimum height of 36 inches. The landscape materials shall not conflict with the visual requirements of the adjacent property's drive approach. (1) 3.~4 The overall lighting for the project shall comply with the City of Tustin Security Ordinance and shall provide a minimum of one (1) footcandle of lighting illumination throughout the site. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 6 (4) 3.15 The proposed red neon highlight shall be completely concealed beneath the building's soffit such that the light fixture is not visible from the public right-of- way. (1) 3.16 Provide exact details of all exterior door and window types, including but not limited to such information as frame color and glass tint. *** 3.17 If any available land adjacent to the site is released by Caltrans and acquired by the owner of the subject property, the property owner shall submit a parking lot expansion plan to the community Development Department for approval and shall provide additional parking spaces and landscaping on the surplus land as approved by the Community Development Department. USE RESTRICTIONS/OPERATIONS (1) 4.1 The auto service facility, including any roof-top equipment, vents and exhausts shall comply with the City of Tustin's Noise Ordinance. (1) 4.2 Ail construction operations, including engine warm up, (9) 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; or other times that the Building Official determines will be in 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. *** 4.3 The future installation of any exterior freestanding vending machines, such as but not limited, beverage or soda machines, candy, magazine racks, and any other retail product is prohibited. (1) 4.4 Outside address speakers, telephone bells, buzzers and (2) similar devices which are audible from adjoining properties shall be prohibited. *** 4.5 Business hours for the proposed auto service establishment shall be limited to between 7:00 a.m. and 7:00 p.m. Any extension of these hours shall require approval of an amendment to this Conditional Use Permit by the Planning Commission. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 7 (1) 4.6 Ail business activity, sales, displays or other business activities shall be conducted entirely within the subject building. L~NDSCAPINGa GROUNDS AND HARDSCAPE ELEMENTS (1) 5.1 Prior to the issuance of any building or grading permits, submit at plan check complete detailed landscaping and irrigation plans for all landscape areas proposed on the site consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements. Provide summary table applying indexing identification to plant materials in their actual location. The plant table shall list botanical and common names, sizes, spacing, location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment must be provided. Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Note on landscaping plan that coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Community Development Department (1) 5.2 The submitted landscapin~ plans at' plan check shall reflect the following requirements, either incorporated into the design and/or construction or included as notes: a® Turf is unacceptable for grades over 25%. A combination of planting materials must be used, groundcover on large areas alone is not acceptable. be Shrubs shall be a minimum of five gallon size and shall be spaced a minimum of eight feet on center when intended as screen planting. Ce Groundcover shall be planted between eight to twelve inches on center. de When one gallon plant sizes are used the spacing may vary according to materials used. ee Fences, walls and equipment areas shall be screened with shrubs and/or vines and trees. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 8 f · Ail plant materials shall be installed in a healthy, vigorous condition typical to the species and must be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. ge Buffer driveway and parking areas with landscaping berms when possible. h· Six (6) inch raised concrete curbs shall be placed on-site adjacent to all landscape planting areas. i · Perimeter walls should be treated with vines in order to relieve large expanse of walls with greenery and color. Vines should be informally grouped with training devices installed. (1) 5.3 Screening adjacent to roadways, whenever possible, shall (7) compliment the architecture, color and construction (4) material of primary buildings on the site. (1) 5.4 Ail walls, fences or landscaping adjacent to streets (7) should be designed to provide adequate sight distance for (4) vehicles exiting the project. All walls shall be designed in accordance with height standards and sight distances as identified in the City Code where applicable. (4) 5.5 Decorative pavement treatments as approved by the Community Development Department shall be provided att he vehicular entrance to the project. PUBLIC WORKS DEPARTMENT (5) 6.1 This property will require annexation to the Tustin Landscape and Lighting District. The Engineering Division will require a letter from the property owner stating that this annexation will not be protested. (5) 6.2 The existing driveway on Red Hill Avenue will need to be removed and full height curb and gutter and full width sidewalk constructed in its place. (5) 6.3 The existing curb ramp located within the curb return will need to be removed and reconstructed per the current City Standard No. 124. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 9 (5) 6.4 Additional street right-of-way dedication will be required along both Red Hill Avenue and E1 Camino Real frontages. This should be 'in the form of an irrevocable offer of dedication at this time. As based on the best available information at this time the future right-of- way line along the Red Hill Avenue frontage will be located 69 feet easterly from the existing street centerline and along the E1 Camino Real frontage the future right-of-way line will be located 40 feet southerly from the existing street centerline. In addition, the offer of dedication shall also include an appropriate corner cut-off which would accommodate the construction of a curb ramp per the current City Standard No. 124. The Engineering Division will require a legal description and sketch of the offer of dedication as prepared by a California Registered Civil Engineer or Licenses Land Surveyor along with a copy of the legal vesting on the property. (5) 6.5 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of- way. (5) 6.6 A separate 24" x 36" reproducible traffic control plan, as prepared by a California Licensed Traffic Engineer and/or Civil Engineer experienced in this type of plan preparation, will be required. (5) 6.7 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The acceptable formats shall be intergraph DGN or Autocad DWG file format, but in no case less than DXF file format. The City of Tustin CADD conventions shall be followed in preparing plans in CADD and these guidelines are available from the Engineering Division. The CADD files shall be submitted to the City at the time the plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 10 (1) 6.8 Construction or replacement of any missing or damaged public improvement along the frontage of the subject parcel will be required, which shall include, but not limited to the following: ae Curb and gutter; Sidewalk; Drive apron; and Street paving; BUILDING DIVISION (5) 7.1 One-hour fire-rated occupancy separation is required between B-1 (Garage) and B-2 (Offices). (1) 7.Z "A parking space, primary entrance to the building, the primary path of travel, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities." FIRE DEPARTMENT (5) 8.1 Prior to the 'issuance of any building permits for combustible construction, a letter and plan from the developer shall be submitted to and approved by the Fire Chief. This letter and plan shall state that water for fire fighting purposes and an all weather fire access road shall be in place before any combustible materials are placed on the site. (5) 8.2 Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the Orange County Fire Department Standard. On private property these markers are to be maintained in good condition by the property owner. (5) 8.3 Prior to the issuance of any building permits, the applicant shall submit a detailed letter of intended use for the building. (5) 8.4 Prior to the issuance of any building permits, contact the Orange County Fire Department Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 11 (5) 8.5 Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Department Chemical Classification Handout". Provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Compressed gases and compressed liquified gases are to be converted to cubic feet. (5) 8.6 a. Fire Department final Inspection is required. Schedule inspection two (2) days in advance. Fire Department telephone number 832-1011. be Location and classifications of extinguisher to be determined by Fire Inspector. Ce Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. de Building(s) not approved for high piled combustible storage. Materials in closely packed piles shall not exceed 15 feet in height, 12 feet on pallets or in racks and 6 feet for tires, plastics and some flammable liquids. If high stock piling, comply with UFC , Article 81 and NFPA Standard 231 and 231D. Se Plans of modification to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. POLICE DEPARTMENT (5) 9.1 The applicant shall submit a lighting survey for the project which shows that the lighting meets the minimum on one footcandle. (5) 9.2 The applicant shall maintain the proposed landscape berm at a height not to exceed 42" to allow for surveillance of the property from a vehicle. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 12 (5) 9.$ Ail doors, windows and locking hardware shall meet the requirements as set forth in the City of Tustin Security Code. FEES (1) ~0.~ Payment of the following fees prior to the issuance of any building permits shall be required. a® Major thoroughfare and bridge fees to Tustin Public Works Department. be C, Orange County Sanitation District No. 7 sewer connection fees to the Community Development Department. Ail applicable building and grading plan check and permit fees to the Community Development Department. de Orange County Fire Department fees to the Community Development Department. ee School facilities fee to the Tustin Unified School District, as applicable. fe East Orange County Water District fees to the Community Development Department. *** ~0.Z Within forty-eight (48) ho~rs of approval of the subject (5) 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 3158, Chapter 1706, Statues of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that 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. Exhibit A - Conditions of Approval Resolution No. 3275 Conditional Use Permit 93-038 Design Review 93-040 Page 13 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 forty-eight (48) hour of notification, a cashier's check payable to the COUNTY CLERK'in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statues of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. SR:br